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HomeMy WebLinkAboutDecember 05, 2002 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, December 5, 2002 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, December 5, 2002 in Council Chambers. Present were Deputy Mayor Lynn Acre, Councillors Matt Schafer and Cliff Evanitski, Administrator Kyle Kruger, Clerk Lynda Millard, Co-ordinator of Planning Michael Graves, Chief Building Official/Drainage Superintendent Dwayne Daniel, Fire Chief Sam Taylor, Water/Wastewater Superintendent Ed Roloson and Treasurer Suzann.Mantel. Mayor Max Stewart and Councillor David Mason were absent. 1. CALL TO ORDER Deputy Mayor Lynn Acre called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Schafer advised of a conflict regarding Item 6.1(a) Section 5c and left Council Chambers during discussion of this matter. 3. APPROVAL OF MINUTES Minutes of the Regular Meeting held November 21, 2002 2002-507 Moved by M. Schafer Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held November 21,2002 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS 2002-508 Moved by C. Evanitski Seconded by M. Schafer "THAT Information Items 5(a) through 5(1) be received for information." Disposition: Motion Carried ITnanimnusiv (a) Port Burwell Marine Museum Committee draft minutes of meeting held November 19, 2002. File: C06 (b) Copy of Steve Peters M.P.P. correspondence dated November 29, 2002 to the Minister of Consumer and Business Services regarding slot machine revenues generated at the Western Fair Raceway in London. File: A16 COUNCIL MINUTES - 183 - December 5, 2002 5. INFORMATION ITEMS (continued) (c) Canadian Red Cross correspondence dated November 21, 2002 regarding charges laid by the RCMP. File: A01 (d) AMO "Alert" correspondence dated November 21, 25, 26 &28, 2002 regarding "Municipalities Impacted by Funeral, Burial and Cremation Services Act", "AMO Calls for Full Review Process on New Hydro Bill", "Bill 210, Electricity Pricing, Conservation and Supply Act Introduced"and"Update on Provincial Water Policy Initiative". File: A01 (e) The Tillsonburg&District Multi-Service Centre Newsletter"The MSC Voice"Autumn 2002 editinn_ File: M07 (f) The Steering Committee correspondence dated November 26, 2002 regarding 2003 Ontario Family Fishing Weekend. File: A01 (g) Imperial Oil Limited correspondence dated November 2002 regarding the new corporate citizenship report. (Full report available) File: A01 (h) Detachment Commander's Report, Elgin Group Police Services Board, October 2002. File: P17 (i) Minutes of Elgin Group Police Services Board meeting held November 26, 2002. File: C06 (j) "Alzheimer Advocate"Newsletter December 2002. File: M07 (k) Home to Canadians, CMHC publication regarding Building Better Communities. File: M07 (1) Natural Resources Canada brochure regarding the Canada Landslide Loss Reduction Program. File: M07 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE AND REPORTS (a) Bayham Economic Development and Tourism Committee draft minutes of meeting held November 20, 2002. File: C06 2002-509 Moved by C. Evanitski Seconded by L. Acre "THAT the Bayham Economic Development and Tourism Committee draft minutes of the meeting held November 20, 2002 be received; AND THAT pursuant to the recommendation of the Committee, Council approves a sewer rate reduction to 50% for vacant commercial properties; AND THAT a by-law amending By-law 2002-76, a by-law to set water and sewer rates, be prepared for Council approvaL" Disposition: Motion Carried COUNCIL MINUTES - 184 - December 5, 2002 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE AND REPORTS (b) Staff Report D2002-53 regarding Bergen Severance File: D10 2002-510 Moved by M. Schafer Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham receive report D2002-53; AND THAT Council recommend to the Elgin County Land Division Committee that the severance applications E93/02 and E94/02 by Henry and Maria Bergen be approved for the reasons contained in report D2002-53." Disposition: Motion Carried Unanimously (c) Staff Report D2002-54 regarding Babcock Severance File: D10 2002-511 Moved by C. Evanitski Seconded by M. Schafer "THAT the Council of the Municipality of Bayham receive report D2002-54; AND THAT Council recommend to the Elgin County Land Division Committee that the severance application E100/02 by Glenn an Brenda Babcock be approved for the reasons contained in report D2002-54 subject to rezoning to Estate Residential." Disposition: Motion Carried Unanimously (d) Staff Report D2002-55 regarding Cowan Severance File: D10 2002-512 Moved by C. Evanitski Seconded by M. Schafer "THAT the Council of the Municipality of Bayham receive report D2002-55; AND THAT Council recommend to the Elgin County Land Division Committee that the severance application E92/02 by Lloyd and Myrna Cowan be approved for the reasons contained in report D2002-55 subject to rezoning to Estate Residential." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Official Plan Amendment Application to change designation on a parcel of land comprising approximately 2.3 hectares (5.6 acre) described as Part Lot 131, Concession 7, on the north side of Heritage Line, east of Toll Gate Road in the Municipality of Bayham from Agriculture to the Industrial zone, submitted by Robert Valcke. (Deferred from November 7th&21s) 2002-513 Moved by C. Evanitski Seconded by M. Schafer "THAT Staff Report D2002-51 regarding the application for Official Plan Amendment by Robert Leon Valcke be deferred to December 19,2002." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 185 - December 5, 2002 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. UNFINISHED BUSINESS (b) Staff Report D2002-45 regarding Site Plan Process. (Deferred from November 2e) File: D10 7. ROADS, AGRICULTURE & DRAINAGE I. CORRESPONDENCE AND REPORTS (a) Correspondence dated November 20, 2002 from the Township of South-West Oxford requesting approval for the Proposed Pressey Line Reconstruction. File: T04 2002-514 Moved by M. Schafer Seconded by C. Evanitski "THAT the correspondence dated November 20, 2002 from the Township of South- West Oxford regarding the Proposed Pressey Line Reconstruction be referred for discussion during the 2003 budget deliberations." Disposition: Motion Carried Unanimously (b) Staff Report DR2002-10 regarding Petition for Drainage Works. File: E09 2002-515 Moved by C. Evanitski Seconded by M. Schafer "THAT Staff Report DR2002-10 regarding Drainage Petition be received; AND THAT the Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition dated December 3,2002 for drainage works on Lot 5 Concession 9, Municipality of Bayham. AND THAT the Council of the Municipality of Bayham agrees to proceed; AND THAT Spriet Associates be appointed as the Engineer; AND THAT Staff be directed to give notice under the provisions of the Drainage Act." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE AND REPORTS (a) Building Permit Report for the month of November 30, 2002 File: P10 2002-516 Moved by C. Evanitski Seconded by M. Schafer "THAT the Building Permit Report for the month of November 2002 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 186- December 5, 2002 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) L CORRESPONDENCE AND REPORTS (b) Staff Memorandum 2002-027 regarding Purchase of Self-Contained Breathing Apparatus and Spare Cylinders(S.C.B.As). File: P16 2002-517 Moved by C. Evanitski Seconded by M. Schafer "THAT Staff Memorandum 2002-027 be received; AND THAT Staff be directed to purchase four S.C.B.A.s and fourteen cylinders for the cost of$5,000, for the purpose of being placed at the Port Burwell Fire Station; AND THAT payment be arranged to be allocated to the 2003 Bayham Fire Department Budget." Disposition: Motion Carried Unanimously (c) Staff Report PR2002-002 regarding Roof Replacement at Wastewater Treatment Plant. File: F18 2002-518 Moved by M. Schafer Seconded by C. Evanitski "THAT Staff Report PR2002-002 regarding the roof replacement at the Port Burwell wastewater treatment plant be deferred until the December 19,2003 meeting." Disposition: Motion Carried Unanimously (d) Request by Fred Pilkey for permission to cross Municipal owned property. File: C13 2002-519 Moved by M. Schafer Seconded by C. Evanitski "THAT the request by Fred Pilkey for permission to cross Municipal owned property for the removal of logs in 2002 and 2003 be approved, subject to provision of proof of liability insurance coverage in the amount of$2,000,000 naming the Municipality as an additional insured; AND THAT the applicant provide an undertaking to give advance notice of attending the site and to restore the property to its current condition should any damage occur." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 187- December 5,2002 9. FINANCE, ADMINISTRATION & PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 5238 to Cheque# 5313 inclusive, except Cheques #s 5239, 5245, 5268 and 5280, and totaling $ 217,834.30 and Payroll Disbursements for the period ending November 27, 2002 totaling $65,238.92. 2002-520 Moved by C. Evanitski Seconded by M. Schafer "THAT the Cheque Register being Cheque# 5238 to Cheque# 5313 inclusive, except Cheques #5239, 5245, 5268 and 5280 totaling $217,834.30, and Payroll for the period ending November 27, 2002 totaling $65,238.92 be approved." Disposition: Motion Carried Unanimously (b) Correspondence dated November 25, 2002 from Irmgard Simmonds regarding late penalty fees. File: roll file 2002-521 Moved by M. Schafer Seconded by C. Evanitski "THAT the correspondence dated November 25, 2002 from Irmgard Simmonds regarding late penalty fees be received for information." Disposition: Motion Carried Unanimously (c) Staff Report F2002-23 regarding Policy on Investments. File: A09 2002-522 Moved by C. Evanitski Seconded by M. Schafer "THAT Council adopts the proposed Policy and Procedures for Investments as attached to report F2002-23." Disposition: Motion Carried Unanimously (d) Staff Report F2002-24 regarding Policy on Leases. File: A09 2002-523 Moved by M. Schafer Seconded by C. Evanitski "THAT Council adopt the proposed Policy and Procedures for Lease Financing as attached to report F2002-24." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 188 - December 5, 2002 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (e) Staff Report F2002-25 regarding Investment Account. File: A09 2002-524 Moved by C. Evanitski Seconded by M. Schafer "THAT Council authorize staff to enter into an agreement with Caldwell Securities Ltd. to establish an investment account for the sewer reserve; AND THAT the Treasurer, Mayor and the Administrator are hereby authorized and empowered for and on behalf of the Municipality to buy, sell, order and transfer securities in accordance with the Municipal Act and any regulations pertaining thereto and to execute and sign all necessary and requisite acts of sale, purchase, assignment and transfer on behalf of the Municipality." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Royal Canadian Legion Port Burwell-Bayham Branch correspondence dated September 14, 2002 requesting a donation of$75. (From November 21g) File: AO1RCL 2002-525 Moved by C. Evanitski Seconded by M. Schafer "THAT the Royal Canadian Legion Port Burwell-Bayham Branch correspondence dated September 14, 2002 be received; AND THAT Council approves a donation to the Poppy Fund in the amount of$75." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS None 11. COMMITTEE OF THE WHOLE 2002-526 Moved by M. Schafer 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 personal and labour negotitation matters." Disposition: Motion Carried Unanimously 2002-527 Moved by C. Evanitski Seconded by M. Schafer "THAT the Committee of the Whole do now rise from the "In Camera" Session." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 189 - December 5,2002 11. COMMITTEE OF THE WHOLE (continued) 1. CORRESPONDENCE&REPORTS Added Items 11.1(/) & (g) (a) Confidential correspondence regarding a personal matter. File: Roll (b) Confidential correspondence regarding a personal matter. File: Roll (c) Confidential correspondence regarding a personal matter. File: Roll (d) Confidential correspondence regarding a personal matter. File: Roll (f) Confidential correspondence regarding a personal matter. File: Roll (g) Confidential correspondence regarding a personal matter. File: Roll 2002-528 Moved by M. Schafer Seconded by C. Evanitski "THAT the requests for extension of the deadline to May 15,2003 for mandatory sewer connections be approved as follows: (a) Joe and Berva Alderwood, 16 Elm Street, Vienna (b) Jacob Epp & Aganetha Bauman, 4 Edison Drive, Vienna (c) Michael Underhill, 56001 Heritage Line, Straffordville (f) Robert & Lynda Cain, 56495 Plank Road, Straffordville (g) Joe Hahn, 32 Elm Street, Vienna AND THAT the requests for extension of the deadline for mandatory sewer connections be denied as follows: (d) Gretchen Bolt, 9548 Plank Road, Straffordville." Disposition: Motion Carried Unanimously (e) Confidential Report regarding labour negotiations. File: H COUNCIL MINUTES - 190 - December 5, 2002 12. BY-LAWS By-law 2002 - 84 A By-law to Authorize the Mayor& Clerk to Endorse an Agreement with Laemers Trucking for Winter Control Services By-law 2002—85 A By-law to Authorize the Mayor& Clerk to Endorse an Agreement with Ramona Peidl for Winter Control Services By-law 2002—86 A By-law to Authorize the Mayor& Clerk to Endorse an Agreement with Pitt Bros. for Winter Control Services By-law 2002 89 A By-law to Authorize the Mayor& Clerk to Endorse an Agreement with Ken Herron for Winter Control Services By-law 2002—91 A By-law to Authorize the Mayor&Clerk to Endorse an Agreement with Pam Cole for Dog Tag Licensing Services 2002-529 Moved by C. Evanitski Seconded by M. Schafer "THAT By-laws 2002-84, 2002-85, 2002-86, 2002-89 and 2002-91 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously By-law 2002—90 A By-law to confirm all actions of Council 2002-530 Moved by M. Schafer Seconded by C. Evanitski "THAT confirming By-law 2002-90 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2002-531 Moved by M. Schafer Seconded by C. Evanitski "THAT the meeting be adjourned at 9:30 p.m." Disposition: Motion Carried Unanimously MAYOR CLERK Date Approved: 4V1.r 17/0 �,