HomeMy WebLinkAboutFebruary 17, 2000 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,February 17,2000
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, February 17, 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.
1. CALL TO ORDER
Mayor Max Stewart called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL
NATURE THEREOF
Councillor Evanitski disclosed a pecuniary interest in Item 7.3 regarding the Engineers'
Final Report respecting the Bartley Drain, Deputy Mayor Nezezon regarding Item 9.1(i),
as it relates to his daughter, Councillor Schafer regarding Item 6.1(a), as he owns
property abutting the abandoned rail lands.
3. APPROVAL OF MINUTES
Minutes of the Special Meeting held January 27, 2000
Minutes of the Regular Meeting held February 3, 2000
2000-72 Moved by J.Nezezon
Seconded by D. Mason
"THAT the minutes of the special meeting of the Municipality of Bayham held
January 27,2000 be approved."
Disposition: Motion Carried
2000-73 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the minutes of the regular meeting of the Municipality of Bayham held
February 3,2000 be approved."
Disposition: Motion Carried
4. DELEGATIONS
(a) 7:05 a.m.—Kim Tait,representative Bayham Community Policing Committee regarding
insurance coverage and financial support, was unable to attend. Item 9.1(g) was deferred
to the next meeting in order that a delegation may appear.
Items 9.1(g), 9.1(h)
(b) 7:30 p.m. -John Spriet Sr. and John Spriet Jr., Spriet Associates,regarding proposed
construction of the Barley Drain- Smith Branch.
Item 7.3
COUNCIL MINUTES - 35 - February 17,2000
4. DELEGATIONS (continued)
(c) Maureen Beatty, Co-ordinator of Planning,regarding
Items 6.1(b), 7.1(b),7.1(c)
(d) Dwayne Daniel, Chief Building Official/Drainage Superintendent,regarding
Items 7.3, 8.1(a), 8.1(b)
5. INFORMATION ITEMS
2000-74 Moved by D. Mason
Seconded by J. Nezezon
"THAT Information Items 5(a) through 5(e) be received for information."
Disposition: Motion Carried Unanimously
(a) Association of Municipalities of Ontario correspondence dated February 7 and 10, 2000
regarding "AMO Makes Pre-budget Submission" and "Province accepts AMO's
Proposal on OW Call Centres".
File: A01
(b) Cowan News letter, February 2000 edition.
File: A01
(c) Minutes of the Port Burwell Marine Museum Advisory Committee meeting held January
18, 2000.
File: C06
(d) Minutes of the Bayham Community Centres Committee meeting held January 25,2000.
File: Cab
(e) Correspondence received February 3, 2000 from the Federation of Canadian
Municipalities regarding "National Infrastructure Program: Press Reports".
File: A01
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2000-09 regarding Line Fences Act Application--former CP Rail Lands.
File: D06
2000-75 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report D2000-09 regarding Line Fences Application be deferred to
the March 16th meeting."
Disposition: Motion Carried
COUNCIL MINUTES - 36- February 17,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
CORRESPONDENCE& REPORTS
(b) Staff Report D2000-10 regarding Request for Proposals—Mobile Refreshment
Concession, Port Burwell East Beach--2000 Season.
File: L04
2000-76 Moved by D. Mason
Seconded by C. Evanitski
"THAT the proposals submitted by Terry and Gayle Simmons, 917130 Ontario
Limited and Wayne Dempsey & Patricia Dickinson for the operation of a mobile
refreshment concession and maintenance of the public washroom facilities on the
east beach in Port Burwell for the 2000 season be received;
AND THAT Staff be directed to prepare an agreement for Council's consideration
between the Municipality of Bayham and Wayne Dempsey & Patricia Dickinson,
said agreement to include the estimated hydro costs to be paid to the Municipality
by the Vendor;
AND THAT a letter of appreciation be forwarded to Terry and Gayle Simmons
thanking them for their proposal and acknowledging the service they provided in
1999."
Disposition: Motion Carried Unanimously
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Notice of Court of Revision for Drainage Works initiated by the Township of South-West
Oxford respecting the Catfish Drain.
File: E09
2000-77 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the Notice of Court of Revision for Drainage Works initiated by the
Township of South-West Oxford respecting the Catfish Drain be received for
information."
Disposition: Motion Carried Unanimously
(b) Staff Report D2000-08 regarding Stop Up,Close and Convey Part of Road Allowance Between
Lots 15 and 16,Concession 3, being Part 2,Plan 11 R 6293.
File: T09
2000-78 Moved by D.Mason
Seconded by M. Schafer
"THAT By-law No.2000-10,being a by-law to stop up,close and convey that part of the
road allowance described as situated between Lots 15 and 16,Concession 3,in the
Municipality of Bayham,County of Elgin, more particularly described as Part 2 on Plan
11R-6293 be presented to Council for enactment;
AND THAT the Mayor and Clerk be authorized and directed to execute the Transfer Deed
and any related documents in connection with the transaction and Mike Doyle,Doyle and
Prendergast,Barristers and Solicitors be authorized to register the Transfer Deed and By-
law 2000-10 in the Registry Office for the Registry Division of Elgin(No. 11)."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 37 - February 17,2000
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE Br REPORTS
(c) Staff Report D2000-07 regarding request to Stop Up, Close and Convey a Portion of
Garner Road,Part Lot 18, South Gore/Part Lot 126, Concession STR.
File: T09
2000-79 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT Staff Report D2000-07 be tabled to the next Council meeting to be held
March 2,2000."
Disposition: Motion Carried Unanimously
3. PUBLIC MEETING
2000-80 Moved by M. Schafer
Seconded by J.Nezezon
"THAT the Council Meeting do now adjourn to hold a Public Meeting pursuant to
the provisions of the Drainage Act."
Disposition: Motion Carried
1. Application:
Spriet Associates Drainage Report No. 97186, dated December 20, 1999,regarding
proposed construction works for the Bartley Drain and Smith Branch.
File: E09
2. Declaration of Pecuniary Interest and the General Nature Thereof
Councillor Evanitski declared a pecuniary interest regarding this matter as his father is
assessed on this drain.
3. Engineer Presentation
Spriet Associates Drainage Report No. 97186 regarding the Bartley Drain and Smith
Branch.
John Spriet Jr. presented Drainage Report 97186 and outlined the proposed construction
for this drain. He explained that the main open ditch portion is to be cleaned out and a
10-inch tile put in the Branch"A"portion.
4. Public Comments
John Spriet Jr. and John Spriet Sr. entertained a question and answer period with affected
property owners and Council members regarding the need, concerns, advantages and
assessment of costs of the project.
It was stated that this will remedy the previous shallow cut through Culloden Road which
has caused the road to heave. It was noted that the County of Elgin will be levied a
special assessment, covering a large portion of the cost, and that assessment concerns will
be addressed at the Court of Revision.
5. Council Comments and Questions
Included above.
COUNCIL MINUTES - 38 - February 17,2000
7. ROADS, AGRICULTURE & DRAINAGE (continued)
3. PUBLIC MEETING
6. Adjournment
2000-81 Moved by D. Mason
Seconded by J. Nezezon
"THAT the Public Meeting be adjourned."
Disposition: Motion Carried
7. Disposition of Items
2000-82 Moved by D. Mason
Seconded by M. Schafer
"THAT in accordance with Chapter 14, Sections 44 to 46 of the Drainage Act, the
Council of the Corporation of the Municipality of Bayham hereby adopts Report
No. 97186, dated December 20, 1999, as prepared by Spriet Associates, and referred
to as the Bartley Drain and Smith Branch;
AND THAT upon adoption of the aforementioned Report,Provisional By-law No.
2000-14 be given first and second reading;
AND THAT Staff be directed to set a date for the first sitting of the Court of
Revision,and distribute copies of the Provisional By-law and Notice of the time and
place of the first sitting of the Court of Revision to the affected parties."
Disposition: Motion Carried
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Staff Report P2000-03 regarding Set Back Requirement for Rebuilding at 15 Centre
Street,Vienna.
File: 004-001-21300
2000-83 Moved by J.Nezezon
Seconded by D. Mason
"THAT Staff Report P2000-03 regarding the rebuilding of a residence
at 15 Centre Street,Vienna be received;
AND THAT Council supports the requirement that the new house be
built in a location on the lot that meets the minimum front yard set back
as requested by the Chief Building Official."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -39- February 17,2000
8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued)
1. CORRESPONDENCE&REPORTS
(b) Correspondence received February 11, 2000 from Dave Mason, representing the Port
Burwell Historical Society, requesting permission to proceed with a proposal to erect a
Mariner's Memorial.
File: A01
2000-84 Moved by J. Nezezon
Seconded by M. Schafer
"THAT the correspondence received February 11,2000 from Dave
Mason representing the Port Burwell Historical Society be received;
AND THAT Council grants the request for permission to proceed with a proposal to
erect a Mariner's Memorial on top of the light tower located on the Port Burwell
Marine Museum parking lot, subject to approval of the Chief Building Official;
AND THAT all costs associated with the construction and maintenance of the
Memorial be the responsibility of the Port Burwell Historical Society."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cheque Register, being Cheque#227 to Cheque#316, inclusive, except Cheques#261
to #269,totaling$ 105,158.20 and Payroll Disbursements for the period ending February
9, 2000 totaling $ 33,704.07.
Clerk's Note: It has further been determined that there was no cheque#227 and
Cheque #308 apparently did not print. Additionally there was a $.03 error in the total.
As a result the total for the Cheque Register should be $ 104,439.13.
File: F10.3
2000-85 Moved by D. Mason
Seconded by M. Schafer
"THAT the Cheque Register, being cheque#227 to cheque#316 inclusive, except
Cheques#261 to#269, and totaling$ 105,158.20, and Payroll Disbursements for the
period ending February 9,2000 totaling$ 33,704.07 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2000-02 regarding the Restructuring Grant financial report for 1999.
File: Fl i
2000-86 Moved by D. Mason
Seconded by J.Nezezon
"THAT the 1999 financial reports, certified by the Treasurer, regarding the
Municipal Restructuring Fund be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 40 - February 17,2000
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(c) Correspondence dated February 2,2000 from Ronald S. Vinnai, Big Creek District
Scouting President, requesting a waiver of the fee for use of the Vienna Community
Centre.
File: L04
2000-87 Moved by J. Nezezon
Seconded by M. Schafer
"THAT the correspondence dated February 2,2000 from Ronald S.Vinnai,Big
Creek District President be received;
AND THAT the request for a fee waiver for the use of the Vienna Community
Centre for the Big Creek District Council Annual Meeting and dance to be held
April 8,2000 be approved;
AND THAT the clean up of the facility be the responsibility of the Scouting Group,
to the satisfaction of the Community Centre Manager."
Disposition: Motion Carried Unanimously
(d) Correspondence received January 25, 2000 from the Association of Municipalities of
Ontario regarding the Annual Conference to be held August 13 — 16, 2000 in Ottawa_
File: A04
2000-88 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the correspondence received January 25,2000 from the Association of
Municipalities of Ontario regarding the AMO Conference to be held August 13— 16
2000 be received;
AND THAT the following Members of Council and Staff be authorized to attend:
• Kyle Kruger
Disposition: Motion Carried Unanimously
(e) Aylmer& East Elgin Agricultural Society 1999 financial statement and correspondence
dated February 3, 2000, requesting funding support.
File: A01
2000-89 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Aylmer&East Elgin Agricultural Society 1999 Financial Statement and
correspondence dated February 3,2000 be received;
AND THAT Council consider the request for financial assistance during the 2000
Budget deliberations."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 41 - February 17,2000
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(f) East Elgin Millenium Committee Statement of Operations for period January 1, 1999 to
December 31, 1999.
File: A01
2000-90 Moved by M. Schafer
Seconded by D. Mason
"THAT the East Elgin Millenium Committee Statement of Operations for the
Period January 1/99 to December 31/99 be received for information."
Disposition: Motion Carried Unanimously
(g) Bayham Community Policing Committee correspondence received January 18, 2000
requesting funding support. (Deferred to March 2"d meeting to enable a representative to
appear)
File: C13
(h) Bayham Community Policing Committee correspondence received January 18, 2000
regarding Liability Insurance coverage. Council directed that the following resolution be
referred to Cowan Insurance for comment.
File: C13
2000-91 Moved by C. Evanitski
Seconded by D. Mason
"THAT the correspondence received January 18,2000 from the Bayham
Community Policing Committee regarding Liability Insurance coverage be
received;
AND THAT the Committee be advised that since they are not a Council appointed
committee,separate insurance coverage is required."
Disposition: Motion Carried Unanimously
(i) Staff Report C2000-02 regarding the Job Creation Partnership Program.
File: C11
2000-92 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report C2000-02 regarding the Job Creation Partnership Program be
received for information."
Disposition: Motion Carried
COUNCIL MINUTES -42 - February 17,2000
9. FINANCE, ADMINISTRATION & PERSONNEL(continued)
1. CORRESPONDENCE&REPORTS
(j) Staff Report L2000-01 regarding Water Meter Reading Services.
File: L04
2000-93 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report L2000-01 be received;
AND THAT the Contract Agreement with Kathy Bradfield to provide meter
reading services be extended, to expire December 31st,2001, and that all other terms
and conditions remain unchanged."
Disposition: Motion Carried Unanimously
(k) Staff Report 02000-01 regarding the Community Centres Committee.
File: C11
2000-94 Moved by D. Mason
Seconded by C. Evanitski
"THAT Staff Report C2000-01 be received;
AND THAT Council hereby appoints Lynda Millard to the Community Centres
Committee to act as Secretary;
AND THAT the quotation to resand and refinish the Bayham Community Centre
floor in the amount of$ 7,078 including taxes, as submitted by Hewbank Paint&
Wallpaper be approved;
AND THAT Staff be directed to co-ordinate this said work as soon as possible."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
No items
11. COMMITTEE OF THE WHOLE
No items
COUNCIL MINUTES -43 - February 17,2000
12. BY-LAWS
By-law 2000- 10 A By-law to Stop Up, Close and Convey Part of Road Allowance
being Part 2 Plan 11R-6293 (Goutouski)
2000-95 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT By-law 2000-10 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 2000— 14 A By-law to Provide for Drainage Works-Bartley Drain and
Smith Branch (1s`and 2"d reading only)
2000-96 Moved by D. Mason
Seconded by M. Schafer
"THAT Provisional By-law 2000-14 be read a first and second time."
Disposition: Motion Carried
By-law 2000 - 18 A By-law to confirm all actions of Council
2000-97 Moved by J.Nezezon
Seconded by M. Schafer
"THAT confirming By-law 2000-18 be read a first,second and third time and
finally passed."
Disposition: Motion Carried
13. ADJOURNMENT
2000-98 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the meeting be adjourned at 9:44 p.m."
Disposition: Motion Carried Unanimously
MAYOR ERK
Date approved: ^ , _a7:0�>