HomeMy WebLinkAboutMay 02, 2002 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,May 2,2002
7:00 p.m.
(Public Meeting 7:30 p.m.)
The regular meeting of Council of the Municipality of Bayham was held at 7:00 p.m. on
Thursday, May 2, 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 Suzanna Mantel.
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
Councillor Schafer declared a pecuniary interest in item 7.1(a) as he is related to the
owner of abutting property.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held April 18, 2002
2002-196 Moved by D. Mason
Seconded by L. Acre
"THAT the minutes of the regular meeting of the Municipality of Bayham held
April 18, 2002 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m. - J.L. Oliver, General Manager, LPRCA was in attendance to present the
2001 Annual Report.
Item 9.1(b)
(b) 7:45 p.m. —Ed Roloson, Water/Wastewater Superintendent presented
Items 10. 1(a) and 10.1(b)
5. INFORMATION ITEMS
2002-197 Moved by M. Schafer
Seconded by D. Mason
"THAT Information Items 5(a) through 5(i) be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 75 - May 2,2002
5. INFORMATION ITEMS (continued)
(a) Bayham Community Centres Committee minutes of meeting held March 28, 2002.
File: C06
(b) Tillsonburg &District Multi Service Centre thank you correspondence dated April 17,
2001 thanking regarding Council's support.
File: A01
(c) Port Burwell Marine Museum minutes of meeting held February 19, 2002
File: C06
(d) Alzheimer Advocate Spring 2002 newsletter of the Alzheimer Society of Elgin-St.
Thomas.
File: M07
(e) Association of Municipalities of Ontario correspondence dated April 17 and 22, 2002
regarding "AMO Rejects MOE Administrative Monetary Penalties Proposal", "New
Taxation Regulations Released",and "AMO President Lends Support to OMA Report on
Physician Shortages".
File: A01
(f) Bayham Economic Development and Tourism Committee minutes of meeting held
March 27, 2002.
File: C06
(g) Correspondence dated April 26, 2002 regarding "An Elgin Social Planning Council?" and
advising of Town Hall Meeting#2 to be held Friday May 3`I in St. Thomas.
File: A01
(h) Federation of Canadian Municipalities correspondence dated April 18, 2002 regarding
the Annual Conference. (Full package available)
File: A01
(i) Detachment Commander's Report Elgin Group Police Services Board, February/March
2002.
File: P17
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Report D2002-13 regarding Meeting with Businesses Interested in Growth
Representative.
File: C11
2002-198 Moved by D. Mason
Seconded by M. Schafer
"THAT the Council of the Municipality of Bayham receive report D2002-13 for
information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 76 - May 2, 2002
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
1. CORRESPONDENCE AND REPORTS
(b) Draft By-law 2002-34 regarding Agreement with Rick Myers for Provision of a
Concession Food Booth.
2002-199 Moved by M. Schafer
Seconded by D. Mason
"THAT By-law 2002-34, being a by-law to authorize the Mayor and Clerk to
execute an agreement with Rick Myers for Provision of a Concession Food Booth, be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
(c) Staff Report D2002-17 regarding Nutrient Management By-law.
File: D03
2002-200 Moved by L. Acre
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham receive the report D2002-17 for
consideration."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2002-201 Moved by L. Acre
Seconded by M. Schafer
"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. Application:
7:30 p.m. - Application to change zoning on a parcel of land being approximately one
quarter of 5,200 m2 (1.28 acre) described as Part of Lot 6, South Gore, on the north side
of Jackson Line, east of Beattie Road in the Municipality of Bayham from Agriculture to
the Farm Industrial(M1) zone, submitted by Michael Hesch, Michelle Hesch and Daryl
Smith.
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. Staff Presentation
Staff Report D2002-19 was presented by the Planning Co-ordinator. He noted that no
objections had been received.
4. Public Comments
None
COUNCIL MINUTES - 77 - May 2,2002
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
2. PUBLIC MEETING(continued)
5. Council Comments and Questions
None
6. Adjournment
2002-202 Moved by L. Acre
Seconded by C. Evanitski
"THAT the Public Meeting be adjourned at 7:35 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2002-203 Moved by M. Schafer
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham approve the zone change for
Michael Hesch, Michelle Hesch & Daryl Smith from Agricultural(Al) Zone to
Farm Industrial(M1) Zone, and that By-law Number Z445-2002 be brought
forward for enactment."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE AND REPORTS
(a) Staff Report D2002-18 regarding Creek Road Closure.
File: T09
2002-204 Moved by D. Mason
Seconded by L. Acre
"THAT the Council of the Municipality of Bayham direct staff to proceed with the
road closing of that portion of Creek Road as indicated in report D2002-18."
Disposition: Motion Carried
(b) Staff Report DR2002-04 regarding Coomber Drain"B" and"G"Branches tenders.
File: E09
2002-205 Moved by M. Schafer
Seconded by D. Mason
"THAT Staff Report DR2002-04 regarding the tendering of the Coomber Drain,
Branches "B" and "G", be received;
AND THAT Council accept the tender for provision of drainage works set out in the
Form of Tender for the Coomber Drain, Branches "B" and "G", as submitted by
VanBree Drainage & Bulldozing Ltd., in the amount of$24,524.40 (inclusive of
taxes);
AND THAT the Contractor be advised that commencement of the work is not to
begin prior to May 13, 2002;
COUNCIL MINUTES - 78 . May 2, 2002
(Resolution 2002-205 continued)
AND THAT Provisional By-law 2002-20, be presented to Council for third reading
and enactment;
AND THAT By-law 2002-39 authorizing the execution of contract documents,
between the Municipality of Bayham and VanBree Drainage& Bulldozing Ltd., be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
L CORRESPONDENCE AND REPORTS
(a) Staff Report P2002-008 regarding Dog Tag Sales.
File: P01
2002-206 Moved by L. Acre
Seconded by M. Schafer
"THAT Staff Report#P2002-008 regarding 2002 Dog Tags be received for
information."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#4178 to Cheque#4226 inclusive, except cheque
#4214 and totaling $ 57,499.84, Cash Requirements for the period ending May 15th and
Payroll Disbursements for the period ending April 17, 2002 totaling $ 33,369.14.
2002-207 Moved by L. Acre
Seconded by M. Schafer
"THAT the Cheque Register, being Cheque#4178 to Cheque#4226 inclusive,
except cheque#4214 and totaling $ 57,499.84, Cash Requirements for the period
ending May 15th and Payroll Disbursements for the period ending April 17, 2002
totaling $ 33,369.14 be approved."
Disposition: Motion Carried Unanimously
(b) Long Point Region Conservation Authority 2001 Annual Report.
File: A16
2002-208 Moved by D. Mason
Seconded by M. Schafer
"THAT the Long Point Region Conservation Authority 2001 Annual Report be
received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 79 - May 2, 2002
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
Y. CORRESPONDENCE&REPORTS
(c) Staff Report F2002-07 regarding Cottages.
File: Water/Sewer usage
2002-209 Moved by D. Mason
Seconded by L. Acre
"THAT Staff Report F2002-07 regarding Cottages be received for information."
Disposition: Motion Carried Unanimously
(d) Correspondence dated April 18, 2002 from Barbara Rycquart, Bayham Historical Society
Research Committee regarding research requirements.
File: A01BHS
2002-210 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the correspondence dated April 18, 2002 from Barbara Rycquart, Bayham
Historical Society Research Committee, regarding research requirements be
received;
AND THAT Council approves the use of the municipal tape recorder, and to store
and keep record of taping supplies and their use, as requested."
Disposition: Motion Carried Unanimously
(e) Staff-Report C2002-06 regarding Standing Committee Minute Circulation.
File: A09
2002-211 Moved by C. Evanitski
Seconded by L. Acre
"THAT the Council of the Municipality of Bayham require Standing Committees to
forward all minutes immediately after any meeting and that all minutes include only
the proceedings of the meeting without note or comment and further, that all
Standing Committees use written motions as a part of their committee process. "
Disposition: Motion Carried Unanimously
(f) St. Luke's Anglican Church Guild correspondence dated April 29, 2002 requesting use of
Vienna Community Centre for penny sales.
File: C13
2002-212 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the St. Luke's Anglican Church Guild correspondence dated April 29,2002
be received;
AND THAT Council approves the request to use the Vienna Community Centre for
penny sales on May 10 and October 18,2002, subject to payment of the applicable
cleaning fees only;
AND THAT Staff be directed to forward a copy of the application for municipal
assistance for submission by the Guild in 2003."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 80 - May 2,2002
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(g) Draft By-laws 2002-35, 2002-37 and 2002-38 regarding Agreements for Landscape
Services. Following discussion it was agreed that the agreements be amended to remove
Section 3.20 regarding weed spraying.
2002-213 Moved by L. Acre
Seconded by M. Schafer
"THAT By-laws 2002-35, 2002-37 and 2002-38, being by-laws to authorize the
execution of landscape services agreements with Doug Lilley (D&S Lawncare),
Herman & Mary Klassen and Ken Laemers respectively, as amended, be presented
to Council for enactment."
Disposition: Motion Carried-Unanimously
(h) Staff Report C2002-06 regarding Cemetery Care Services.
File: L04
2002-214 Moved by L. Acre
Seconded by D. Mason
"THAT Staff Report C2002-07 be received;
THAT the price quote submitted by Pitt Bros. Odd Jobs be accepted;
AND THAT By-Law 2002-36, being a by-law to authorize the execution of an
agreement between the Municipality of Bayham and Pitt Bros. Odd Jobs for the
provision of abandoned cemetery care services, be presented to Council for
enactment."
Disposition: Motion Carried
(i) Staff Report F2002-08 regarding 2001 Transfers to Reserves.
File: C11
2002-215 Moved by L. Acre
Seconded by M. Schafer
"THAT the establishment and transfers to reserves in the following amounts be
approved:
Contingency Reserve $28,000
Capital Rate Stabilization $ 75,000
Equipment Reserve $ 10,000
Policing Reserve $ 10,000
Election Reserve $ 3,000
$126,000
AND THAT the remaining amount of the 2001 surplus ($167,177) be utilized for
additional capital works for 2002, to be determined by Council."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 81 _. May 2, 2002
10. ENVIRONMENT
(a) Staff Report regarding Quarterly Reports for the Pt. Burwell and Bayham Water Systems
and the OCWA Performance Assessment Report for the Wastewater Treatment Plant.
File: Cl i
2002-216 Moved by M. Schafer
Seconded by L. Acre
"THAT the Quarterly Reports for the Pt. Burwell and Bayham Water Systems and
the OCWA Performance Assessment Report for the Wastewater Treatment Plant
be received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report E2002- 005 regarding Port Burwell Water Meter Change Outs.
File: F18/L04
2002-217 Moved by L. Acre
Seconded by C. Evanitski
"THAT Staff Report E2002-005 regarding water meter change outs be received;
AND THAT By-Law No.2002-40, being a by-law to authorize the execution of a
contract agreement with Tony Lama for the provision of water meter installation
services for properties in the Municipality of Bayham, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(c) Staff Report E2002-004 regarding Willy&Barbara Rycquart Property.
File: E01
2002-218 Moved by M. Schafer
Seconded by C. Evanitski
Re: Building Permit Application —Rycquart
"THAT Staff be directed to withhold issuance of a building permit
pending receipt of legal opinion;
FURTHER THAT Staff be directed to obtain advice and cost estimates for a
groundwater monitoring process in the area of storage and application;
AND FURTHER THAT Staff continue efforts to obtain the required annual reports
from Organic Resource Technologies."
Disposition: Motion Carried
MOTION TO EXTEND LENGTH OF MEETING
2002-219 Moved by Evanitski
Seconded by L. Acre
"THAT in accordance with Section 12 of Procedural By-law 98-02, Council shall
deal with business until 11:00 p.m. at its meeting of May 2,2002."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 82 - May 2, 2002
11. COMMITTEE OF THE WHOLE
2002-220 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss confidential property matters."
Disposition: Motion Carried Unanimously
2002-221 Moved by L. Acre
Seconded by D. Mason
"THAT the Committee of the Whole do now rise from the "In Camera" Session."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Confidential Staff Report L2002-03 regarding a property matter.
File: L08
(b) Verbal Report regarding a confidential property matter.
12. BY-LAWS
By-law Z445-2002 A By-law to amend By-law 2387 (Hesch)
By-law 2002--20 Provisional By-law for the Coomber Drain Branches "B" &"G"
(Third reading)
By-law 2002 34 A By-law Authorizing the Execution of an Agreement with Rick
Myers for Provision of a Concession Food Booth
By-law 2002—35 A By-law to Authorize the execution of an Agreement with Doug
Lilley(D & S Lawn Care) for Landscape Services
By-law 2002 - 36 A By-law to Authorize the execution of an Agreement with Pitt
Bros. Odd Jobs for Cemetery Care Services
By-law 2002—37 A By-law to Authorize the execution of an Agreement with
Herman&Mary Klassen for Landscape Services
By-law 2002—38 A By-law to Authorize the execution of an Agreement with Ken
Laemers for Landscape Services
By-law 2002-- 39 A By-law to Authorize the execution of an Agreement with
VanBree Drainage&Bulldozing Ltd. for Drainage Works
(Coomber Drain"B"& "G")
By-law 2002—40 A By-law to Authorize the Execution of an Agreement with Tony
Lama for the Installation of Water Meters
COUNCIL MINUTES - 83 - May 2,2002
12. BY-LAWS(continued)
2002-222 Moved by M. Schafer
Seconded by L. Acre
"THAT By-law 2002-20 be read a third time and finally passed;
AND THAT By-laws Z445-2002,2002-34,2002-35,2002-36,2002-37, 2002-38,
2002-39 and 2002-40 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 2002— 19 A By-law to confirm all actions of Council
2002-223 Moved by C. Evanitski
Seconded by L. Acre
"THAT confirming By-law 2002-19 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2002-224 Moved by L. Acre
Seconded by C. Evanitski
"THAT the meeting be adjourned at 10:55 p.m."
Disposition: Motion Carried Unanimously
172-Xt Ara de_ILA/
MAYO C ERK
Date Approved: 1a1 /6/D2.-