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HomeMy WebLinkAboutMarch 16, 2000 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,March 16,2000 7:00 p.m. Court of Revision (7:30 p.m.) The regular meeting of Council of the Municipality of Bayham, was held at 7:00 p.m. on Thursday, March 16, 2000 in Council Chambers. Present were Mayor Max Stewart, Deputy Mayor John Nezezon, Councilors Mathew Schafer and Cliff Evanitski,Administrator Kyle Kruger and Clerk Lynda Millard. Councillor David Mason was absent. 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, as his father owns land abutting the Bartley-Smith Drain, and Councillor Schafer disclosed a pecuniary interest regarding Item 6.2(a) 3. APPROVAL OF MINUTES Minutes of the Regular Meeting held March 2, 2000 2000-132 Moved by C. Evanitski Seconded by M. Schafer "THAT the minutes of the regular meeting of the Municipality of Bayham held March 2, 2000 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) Maureen Beatty, Co-ordinator of Planning regarding Items 6.1(d), 8.1(c) (b) Bob Bartlett,Public Works Superintendent regarding Item 7.1(b) (c) Dwayne Daniel, Chief Building Official regarding Items 7.1(a), 7.3, 8.1(a), 8.1(b) (d) 7:30 p.m. -John Spriet, Spriet Associates regarding Item 7.3 COUNCIL MINUTES - 58 - March 16, 2000 5. INFORMATION ITEMS 2000-133 Moved by M Schafer Seconded by C. Evanitski "THAT Information Items 5(a) through 5(e) be received for information." Disposition: Motion Carried Unanimously (a) Federation of Canadian Municipalities correspondence dated February 28 regarding "Federal Budget 2000"and Green Municipal Enabling Fund(GMEF)& Green Municipal Investment Fund (GMIF) information. File: A01 (b) Minutes of the East Elgin Millenium Committee meeting held February 9, 2000. File: C06 (c) Minutes of the Bayham Community Centres Committee meeting held February 23, 2000. File: C06 (d) Correspondence dated March 1, 2000 from Power Budd regarding Environment and Energy Update. File A16 (e) Association of Municipalities of Ontario correspondence dated February 29 and March 3, 2000 regarding "AMO helps get Federal Infrastructure Programs" and "Full Time Minister of Municipal Affairs Announced". File: A01 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM I. CORRESPONDENCE& REPORTS (a) Correspondence received March 10, 2000 from Rick Garrett, Straffordville Fire Station Chief requesting that the rental cost be waived in regard to a fundraising dance on March 25, 2000 at the Vienna Community Centre. File: C13 2000-134 Moved by C. Evanitski Seconded by M Schafer "THAT the correspondence received March 10,2000 from Rick Garrett, Straffordville Fire Station Chief be received; AND THAT the request for a fee waiver for the use of the Vienna Community Centre for the fundraising dance to be held March 25,2000 be approved; AND THAT the clean up of the facility and any costs thereof, be the responsibility of the Straffordville Firemens Association,to the satisfaction of the Community Centre Manager; AND THAT all other terms and conditions remain in effect." Disposition: Motion Carried Unanimously (b) Correspondence received March 9, 2000 from John Hiley,Masonic Grand Lodge A.F. & A.M. of Canada, requesting that the rental cost be waived in regard to a function honouring past Grand Lodge officers of the District on April 15, 2000 at the Vienna Community Centre. File: A01 COUNCIL MINUTES - 59 - March 16,2000 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) I. CORRESPONDENCE&REPORTS (b) 2000-135 Moved by J. Nezezon Seconded by C. Evanitski "THAT the correspondence received March 9,2000 from John Hiley,Masonic Grand Lodge A.F. & A.M. of Canada be received; AND THAT the request for a fee waiver for the use of the Vienna Community Centre in regard to a function honouring past Grand Lodge officers of the District on April 15,2000 be denied; Disposition: Motion Carried Unanimously (c) Correspondence received March 7, 2000 from Ben Vandevyvere, Chairman,the Lions Club of Straffordville requesting special permission to use the Bayham Community Centre Park for the Annual Fast Ball Tournament July 7, 8, 9, 2000. File: C13 2000-136 Moved by M Schafer Seconded by J.Nezezon "THAT the correspondence dated March 6,2000 from from Ben Vandevyvere, Chairman, the Lions Club of Straffordville be received; AND THAT the request for Special Permission to use the 13ayham Community Centre Park for the Annual Fast Ball Tournament to be held July 7, 8, 9,2000, subject to meeting the requirements of the Municipal Alcohol Policy including those listed on the Outdoor Special Occasion Permit Application be approved; AND THAT the clean up of the Park area and any costs thereof, be the responsibility of the Lions Club of Straffordville; AND THAT all other terms and conditions remain in effect." Disposition: Motion Carried Unanimously (d) Staff Report Tour2000-01 regarding SOTO— Southern Ontario Tourism Organization File: AO l Soto 2000-137 Moved by J. Nezezon Seconded by M Schafer "THAT the Municipality of Bayham purchase a 2000 Membership with the Southern Ontario Tourism Organization (SOTO at a cost of$214.00 (including gst); AND THAT the Council of the Corporation of the Municipality of Bayham hereby agrees to the terms and conditions of the SOTO Travel Counsellor Program as outlined in Staff Report Tour2000-11 and authorizes and directs Staff to make the necessary application; AND THAT the required funds for Bayham's participation be placed in the 2000 Current Budget." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 60 - March 16,2000 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. UNFINISHED BUSINESS (a) Staff Report D2000-09 regarding Line Fences Act Application—former CP Rail Lands. Deferred from February 17`h. File: D06 7. ROADS, AGRICULTURE & DRAINAGE I. CORRESPONDENCE&REPORTS (a) Staff Report E2000-02 regarding Ditch Bottom Clean-out along former railway in Lot 14, Con 2. File: 001-10000 2000-138 Moved by M Schafer Seconded by J. Nezezon "THAT Staff Report E2000-02 regarding ditch bottom clean out along the railway property adjacent to property owned by Rick Nevill, in Concession 2,Lot 14 be received; AND THAT Council direct the Drainage Superintendent to obtain an estimate to extricate the brush and trees with an excavator along the ditch on the north side of the rail line, adjacent to the property identified as roll 34-01-000-001-100, owned by Rick Nevill and report back to Council at a future meeting." Disposition: Motion Carried Unanimously (b) Staff Report T2000-01 regarding Public Works Department Activities. File: T06 2000-139 Moved by M Schafer Seconded by C. Evanitski "THAT Staff Report T2000-01 regarding Public Works Activities for the months of January,February and early March be received; AND THAT Staff be authorized and directed to advertise for the sale of the 1987 International dump truck,two King sander bodies,one Frink 15 ft.dump box,one 8 ft.Arctic Snow Plow,one Honda Model FR-800 rotatiller,one snow "V"plow and one Rockwell 1 Hp table saw; AND THAT all members of the Public Works Department be authorized to attend the County Safety Day hosted by the County of Elgin to be held at the former County Works Garage in April 2000; AND THAT Council authorizes two members of the Public Works Department to attend the annual"Elgin/Middlesex/Oxford Haldimand-Norfolk Truck Roadeo"sponsored by the Ministry of Transportation of Ontario for a registration fee of$35.00 per participant." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items. COUNCIL MINUTES - 61 - March 16,2000 7. ROADS, AGRICULTURE & DRAINAGE (continued) 3. COURT OF REVISION 2000-140 Moved by M Schafer Seconded by C. Evanitski "THAT in accordance with provisions of the Drainage Act, the Council of the Municipality of Bayham hereby appoints Mayor Max Stewart,Deputy Mayor John Nezezon and Councillor Mathew Schafer to sit as members of the Court of Revision; AND THAT Mayor Stewart act as Chairman; AND THAT the Council Meeting be adjourned for the purpose of holding a Court of Revision pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously Declarations of Office as members of the Drainage Court of Revision were subscribed. 1. Application: Court of Revision regarding the assessment of properties in regard to Drainage Report No. 97186 prepared by Spriet Associates and referred to as the Bartley Drain and Smith Branch. 2. Declaration of Pecuniary Interest and the General Nature Thereof It was noted that Councillor Evanitski had previously made a declaration of pecuniary interest and the general nature thereof. 3. Engineer I Staff Presentation The Clerk advised that no written assessment appeals had been received to date. 4. Public Comments There were none. S. Council Comments and Questions Members had no questions or comments. 6. Disposition of Item 2000-141 Moved by M Schafer Seconded by J.Nezezon "THAT in regard to the Court of Revision for the Bartley Drain—Smith Branch, there being no appeals, assessments be confirmed as per the Engineer's Report 97186 dated December 20, 1999." Disposition: Motion Carried 7. Adjournment 2000-142 Moved by J. Nezezon Seconded by M Schafer "THAT the Court of Revision be adjourned at 7:46 p.m." Disposition: Motion Carried COUNCIL MINUTES - 62 - March 16,2000 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Building Permit Report for the month ending February 29, 2000. File: P10 2000-143 Moved by J.Nezezon Seconded by C. Evanitski "THAT the Building Permit Report for the month of February 2000 be received for information." Disposition: Motion Carried Unanimously (b) Staff Report P2000-05 regarding Amendments to By-law 98-61, Schedule "A" File: P11 2000-144 Moved by J.Nezezon Seconded by C. Evanitski "THAT Staff Report P2000-05 regarding changes to By-law 98-61, Schedule "A", as amended, be accepted; AND THAT By-law 2000-22, being a by-law to amend by-law 98-61, Schedule "A", as amended,be presented to Council for enactment." Disposition: Motion Carried Unanimously (c) Staff Report PR2000-01 regarding Agreement with Patricia Dickinson Refreshment Concession, Port Burwell, East Beach—2000 Season. File: L04 2000-145 Moved by M Schafer Seconded by C.Evanitski "THAT the terms and conditions of the Agreement attached to Staff Report PR2000-01 between the Municipality of Bayham and Patricia Dickinson regarding the operation of a mobile refreshment concession on the East Beach in Port Burwell for the 2000 Season for the months of April—September be hereby approved; AND THAT By-law No.2000-21, being a by-law to authorize execution of the said Agreement be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 63 - March 16,2000 9. FINANCE, ADMINISTRATION & PERSONNEL I. CORRESPONDENCE& REPORTS (a) Cheque Register,being Cheque# 387 to Cheque#425 inclusive, except Cheque# 387, and totaling $ 95,702.79, Accounts Payable for the period ending March 31st, and Payroll Disbursements for the period ending March 8, 2000 totaling$ 30,251.15. 2000-146 Moved by C. Evanitski Seconded by M Schafer "THAT the Cheque Register, being Cheque#387 to Cheque #425 inclusive, except Cheque#387, and totaling$ 95,702.79,Accounts Payable for the period ending March 31st, and Payroll Disbursements for the period ending March 8,2000 totaling $ 30,251.15 be approved." Disposition: Motion Carried Unanimously (b) Memorandum dated February 9, 2000 from Administrator, Kyle Kruger, regarding Course Reimbursement. File: F09 2000-147 Moved by M Schafer Seconded by C. Evanitski "THAT the Memorandum dated February 9,2000 from Administrator,Kyle Kruger be received; AND THAT Council authorizes reimbursement of the course fee in the amount of $ 215.65." Disposition: Motion Carried Unanimously (c) Correspondence dated February 11, 2000 from the Port Burwell Baseball Association requesting funding assistance. File: C13 2000-148 Moved by C. Evanitski Seconded by M Schafer "THAT the correspondence dated February 11,2000 from the Port Burwell Baseball Association be received; AND THAT Council consider the request for funding support during the 2000 Budget deliberations." Disposition: Motion Carried Unanimously COUNCIL MINUTES -64 - March 16,2000 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (d) Staff Report C2000-05 regarding the Vienna Community Centre. File: C11 2000-149 Moved by C. Evanitski Seconded by J. Nezezon "THAT Staff Report C2000-05 be received; AND THAT Council directs Staff to advertise for a Part-time Manager, Contract position, ending December 31,2000, at a rate of$ 6,000 per year pro-rated for the Vienna Community Centre; AND THAT the Community Centres interview committee recommend the preferred Candidate(s)to Council for consideration." Disposition: Motion Carried Unanimously 2000-150 Moved by C. Evanitski Seconded by M. Schafer "THAT Council approves the Committee request that the Vienna Community Centre floor be refinished prior to finalization of the 2000 Budget; AND THAT Staff be directed to co-ordinate this said work as soon as possible." Disposition: Motion Carried Unanimously Items 9.1(e), at the request of the Clerk, and(f), at the request of Deputy Mayor Nezezon, were added to the agenda. (e) Purchase Agreement between the Municipality of Bayham and Hulme Pattinson for property located in Vienna. File: L07 2000-151 Moved by C. Evanitski Seconded by M. Schafer "THAT the Purchase Agreement between the Municipality of Bayham and Hulme Pattinson be approved; AND THAT notwithstanding Section 26 and pursuant to Section 37 of the Procedure By-law,By-law 2000-24, being a by-law to authorize the execution of documents in regard to the purchase of real property in the former Village of Vienna, Municipality of Bayham,be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES -65 - March 16,2000 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) I. CORRESPONDENCE&REPORTS (1) Correspondence dated February 29,2000 from the Township of South Glengarry requesting support of a resolution regarding the Provincial Water Protection Fund. File: C10 2000-152 Moved by C. Evanitski Seconded by M. Schafer "THAT the correspondence dated February 29, 2000 from the Township of South Glengarry in regard to the Provincial Water Protection Fund be received; AND THAT the Resolution#59-00 dated February 28,2000 be supported by the Council of the Municipality of Bayham." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Correspondence received February 17, 2000 from Arthur Goethals, Secretary, Edison Museum Board, regarding Budget items. From March 2n'(Additional info not available) File: FO1 10. ENVIRONMENT I. CORRESPONDENCE&REPORTS (a) Correspondence dated January 31,2000 from Maple Meadows Port Burwell Family Residences regarding Garbage Bins at their location. File: A01 2000-153 Moved by J.Nezezon Seconded by C. Evanitski "THAT the correspondence dated January 31,2000 from Maple Meadows Port Burwell Family Residences regarding Garbage Bins be received; AND THAT Council directs Staff to have the garbage bins at the entrance of the Port Burwell Maple Meadows Family Residences removed and the Board be so advised." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2000-154 Moved by C. Evanitski Seconded by J. Nezezon "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss legal matters." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 66 - March 16,2000 11. COMMITTEE OF THE WHOLE (continued) 2000-155 Moved by J.Nezezon Seconded by C. Evanitski "THAT the Council do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Staff Report P2000-06 regarding a legal matter. File: P17 12. BY-LAWS By-law 2000-21 A By-law to authorize execution of an Agreement between the Municipality and Patricia Dickinson for the operation of a Mobile Refreshment Concession—East Beach Port Burwell By-law 2000-22 A By-law to amend BIL 98-61 as amended, a By-law to regulate Construction, Demolition and Change of Use Permits and Inspections By-law 2000-24 A By-law to Authorize the purchase of property in Vienna 2000-156 Moved by J.Nezezon Seconded by C. Evanitski "THAT By-laws 2000-21,2000-22 and 2000-24 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously By-law 2000 - 23 A By-law to confirm all actions of Council 2000-157 Moved by J.Nezezon Seconded by C. Evanitski "THAT confirming By-law 2000-23 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2000-158 Moved by J. Nezezon Seconded by C. Evanitski "THAT the meeting be adjourned at 9:38 p.m." Disposition: Motion Carried Unanimously 5.LAl&-2 A v OR CLERK Date approved: