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HomeMy WebLinkAboutAugust 17, 2000 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, August 17, 2000 7:00 p.m. The regular meeting of Council of the Municipality of Bayham, was held at 7:00 p.m. on Thursday, August 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, Clerk Lynda Millard, Drainage Inspector Dwayne Daniel, Public Works Superintendent Bob Bartlett, Fire Chief Sam Taylor 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 disclosed pecuniary interest in regard to item 9.1 (d), as he is a property owner in the affected area. 3. APPROVAL OF MINUTES Minutes of the Regular Meeting held August 3, 2000 2000-411 Moved by M. Schafer Seconded by C. Evanitski "THAT the minutes of the regular meeting of the Municipality of Bayham held August 3, 2000 be approved." Disposition: Motion Carried Unanimously Business arising from the Minutes 2000-412 Moved by C. Evanitski Seconded by M. Schafer "THAT the Chief Building Official contact the LPRCA to determine if they have any concerns regarding the Tasker property in light of their recent inspection and information brought forth by Carole Reimer regarding the impact of the Natural Heritage Act on said property." Disposition: Motion Carried Unanimously 4. DELEGATIONS Andy Valickis Sewer Project Manager, Ontario Clean Water Agency was present regarding Items 10.1(a) and 10.1(b) COUNCIL MINUTES - 160- August 17,2000 5. INFORMATION ITEMS 2000-413 Moved by D. Mason Seconded by M. Schafer "THAT Information Items 5(a)through 5(1)be received for information." Disposition: Motion Carried Unanimously (a) Notice of Open House &Public Meeting to be held August 23rd regarding New Comprehensive Official Plan for the Municipality of Bayham. File: DO8 (b) Association of Municipalities of Ontario "Alert" correspondence dated August 10, 2000 from the regarding "Province Announces Funding for Water Treatment Upgrades". File: A01 (c) Provincial Government News Release regarding "Harris Government Action Plan to Improve Water quality Includes Tough New Regulation". File: A16 (d) Ministry of the Environment correspondence dated August 8, 2000 regarding "Operation Clean Water". File: A16 (e) Correspondence and flyer from Bill Gheysen, Secretary, Vienna Lions Club regarding Vienna Neighbourhood Watch program and information meeting to be held September 6th at 7:00 p.m. at the Community Centre. Council representatives are invited to attend. File: A01 (f) The Elgin,Middlesex, Oxford Local Training Board "Local Board Area Plan" sponsored by Human Resources Development Canada. File: A16 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS None 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Staff Report L2000-08 regarding Cleason Hoover Drain Construction and Maintenance Agreement. File: 2000-414 Moved by D. Mason Seconded by M. Schafer "THAT Staff Report L2000-08 be received; AND THAT By-law 2000-77, being a by-law to authorize the execution of a Mutual Drain Agreement between the Municipality of Bayham and Cleason Hoover and Salinda Hoover for the construction and maintenance of said drain be presented to Council for enactment; AND THAT this By-law and Agreement shall be registered in the Land Registry Office for the Registry Division of Elgin No. 11." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 161 - August 17, 2000 7. ROADS, AGRICULTURE & DRAINAGE (continued) 1. CORRESPONDENCE& REPORTS (b) Staff Report T2000-04 regarding Public Works Activities for June and July. File: T06 2000-415 Moved by D. Mason Seconded by M. Schafer "THAT Staff Report T2000-04 regarding Public Works Activities for the months of June and July be received; AND THAT Staff be authorized and directed to carry out the line painting and installation of a "No Parking" sign as recommended by the County of Elgin Engineering office." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report D2000-20 regarding Road Allowance Closure and Conveyance—Policy and Procedure. (From May 18th-additional information requested Deferred to next meeting) File: A09 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) StaffReport PR2000-12 regarding Fire Service Health&Policy and Operational Guidelines. File: A09 2000-416 Moved by D. Mason Seconded by M. Schafer "THAT Staff Report PR2000-12 regarding the Bayham Fire Department Health & Safety Policy and Operational Guidelines be received; AND THAT By-law No. 2000-74, being a by-law to adopt a Fire Service Health & Safety Policy for the Municipality of Bayham Fire Department be presented to Council for enactment." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register,being Cheque# 1130 to Cheque# 1185, totaling$ 124,135.59, Cash Requirements for the period ending August 3e and Payroll Disbursements for the period ending August 9th totaling $ 32,601.39. File: F04 COUNCIL MINUTES - 162- August 17, 2000 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (a) 2000-417 Moved by J. Nezezon Seconded by D. Mason "THAT the Cheque Register, being Cheque# 1130 to Cheque# 1185 inclusive, totaling$124,135.59, Cash Requirements for the period ending August 30th, and Payroll Disbursements for the period ending August 9th totaling $ 32,601.39 be approved." Disposition: Motion Carried Unanimously (b) Correspondence dated July 25, 2000 from the Town of Ancaster requesting support for a resolution regarding"Survival of the Ontario Cash Crop Producers through Agricorp" File: A16 2000-418 Moved by D. Mason Seconded by C. Evanitski "THAT the correspondence dated July 25, 2000 from the Town of Ancaster be received; AND THAT the Council of the Municipality of Bayham supports the resolution of the Town of Ancaster passed July 10th, 2000 regarding "Survival of the Ontario Cash Crop Producers through Agricorp". Disposition: Motion Carried Unanimously (c) Staff Report F2000-29 regarding Financial Reporting for the period ending July 31, 2000. File: F10 2000-419 Moved by M. Schafer Seconded by D. Mason "THAT Staff Report F2000-29 regarding Financial Reporting for the period ending July 31, 2000 be received for information." Disposition: Motion Carried Unanimously (d) Staff Report F2000-27 regarding Sewer Project Financing. File: E01 2000-420 Moved by J. Nezezon Seconded by D. Mason "That Staff Report 2000-27 regarding financing options for the sewer project be deferred." Disposition: Motion Carried COUNCIL MINUTES - 163 - August 17,2000 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (e) Staff Report C2000-09 regarding Municipal Election 2000—Advance Voting Dates. File: C07 2000-421 Moved by M. Schafer Seconded by J. Nezezon "THAT Staff report C2000-09 regarding the Municipal Election 2000 - Advance Voting Dates be received; AND THAT By-law 2000-73, being a by-law to provide for advance votes to be held prior to voting day be presented to Council for enactment" Disposition: Motion Carried Unanimously Addition of Item (f) Councilor Evanitski requested that correspondence from ratepayers received in the office regarding complaints and/or concerns be copied for Council members, as sometimes they have no knowledge of same when approached by citizens. Possibly these could be placed on the agenda as information items The Administrator noted that sometimes these matters may be protected under the Freedom of Information and Protection of Privacy Act He suggested that correspondence addressed to Council in general be placed in the binders for information purposes only. It was agreed that the Administrator determine a method of addressing these concerns. 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Correspondence dated August 8, 2000 from Andy Valickis, OCWA, regarding construction of the Straffordville to Vienna Sewage Forcemain Project Tender results and Recommendation on Award for Contract No. 4. File: E09 2000-422 Moved by C. Evanitski Seconded by M. Schafer "WHEREAS the Council of the Municipality of Bayham (the"Municipality") has reviewed the prices submitted by the four (4) tenderers on August 1, 2000, for the construction of the Straffordville to Vienna Sanitary Sewer Forcemain for the Municipality under Contract No. 4 of Project Nos. 88-1338-01 and 88-1350-01; AND WHEREAS Council is in agreement with the recommendations submitted by the Consulting Engineers and Ontario Clean Water Agency (OCWA); NOW THEREFORE BE IT RESOLVED by the Council of the Municipality: THAT the lowest tender, submitted by Omega Contractors, in the amount of $ 1,512,237.00 for the construction of the Straffordville to Vienna Sanitary Sewage Forcemain is hereby accepted; and THAT the Ontario Clean Water Agency be so advised and requested to prepare the necessary contract documents for execution in order to award Contract No. 4; and COUNCIL MINUTES - 164 - August 17, 2000 10. ENVIRONMENT (continued) CORRESPONDENCE & REPORTS (a) THAT the construction of the works be undertaken as expeditiously as possible and that in this regard the Ontario Clean Water Agency be hereby requested to issue, prior to the formal execution of contract documents, a letter authorizing Omega Contractors to commence work on the construction of the Straffordville to Vienna Sewage Forcemain ; AND THAT By-law 2000-75, being a by-law to authorize the Mayor and Clerk to execute the Contract No. 4 agreement documents with Omega Contractors, for the construction of the Straffordville to Vienna Sewage Forcemain be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Correspondence dated August 8, 2000 from Andy Valickis, OCWA, regarding construction of the Eden to Straffordville Sewage Forcemain Project Tender results and Recommendation on Award for Contract No. 3. File: E09 2000-423 Moved by I Nezezon Seconded by C. Evanislci "WHEREAS the Council of the Municipality of Bayham (the "Municipality") has reviewed the prices submitted by the five (5) tenderers on August 8, 2000, for the construction of the Eden to Straffordville Sanitary Sewer Forcemain for the Municipality under Contract No. 3 of Project Nos. 88-1338-01 and 88-1350-01; AND WHEREAS Council is in agreement with the recommendations submitted by the Consulting Engineers and Ontario Clean Water Agency (OCWA); NOW THEREFORE BE IT RESOLVED by the Council of the Municipality: THAT the lowest tender, submitted by D'Amore Construction Ltd., in the amount of$ 931,750. for the construction of the Eden to Straffordville Sanitary Sewage Forcemain is hereby accepted; and THAT the Ontario Clean Water Agency be so advised and requested to prepare the necessary contract documents for execution in order to award Contract No. 3; and THAT the construction of the works be undertaken as expeditiously as possible and that in this regard the Ontario Clean Water Agency be hereby requested to issue, prior to the formal execution of contract documents, a letter authorizing D'Amore Construction Ltd. to commence work on the construction of the Eden to StraffordvilIe Sewage Forcemain ; AND THAT By-law 2000-76, being a by-law to authorize the Mayor and Clerk to execute the Contract No. 3 agreement documents with D'Amore Construction Ltd., for the construction of the Eden to Straffordville Sewage Forcemain be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 165 - August 17, 2000 11. COMMITTEE OF THE WHOLE 2000-424 Moved by M. Schafer Seconded by J. Nezezon "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss personnel and property matters." Disposition: Motion Carried Unanimously 2000-425 Moved by M. Schafer Seconded by D. Mason "THAT the Committee of the Whole do now rise from the "In Camera" Session." Disposition: Motion Carried Unanimously (a) Confidential correspondence dated August 2, 2000 regarding a personnel matter. File: H03 2000-426 Moved by M. Schafer Seconded by J. Nezezon "THAT the correspondence dated August 2, 2000 from Maureen Beatty be received; AND THAT the resignation as submitted by Maureen Beatty,to be effective September 1, 2000, be accepted with regret." Disposition: Motion Carried Unanimously (b) Confidential correspondence dated August regarding a property matter. File: L08 12. BY-LAWS By-law 2000 - 06 A By-law to impose Rates&Fees & repeal By-law 98-03 and amendments thereto By-law 2000—73 A By-law to Provide for Advance Votes By-law 2000 —74 A By-law to Adopt a Fire Service Health& Safety Policy By-law 2000—75 A By-law to authorize the execution of an Agreement with Omega Contractors for construction of the Straffordville to Vienna Sanitary Sewage Forcemain(Contract No. 4) By-law 2000—76 A By-law to authorize the execution of an Agreement with D'Amoure Construction Ltd. for construction of the Eden to Straffordville Sanitary Sewage Forcemain (Contract No. 3) By-law 2000 - 77 A By-law to Authorize the Execution of a Mutual Drain Construction&Maintenance Agreement with Cleason& Salinda Hoover 2000-427 Moved by C. Evanitski Seconded by J. Nezezon "THAT By-laws 2000-06, 2000-73, 2000-74, 2000-75, 2000-76 and 2000-77 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 166 - August 17,2000 12. BY-LAWS (continued) By-law 2000—78 A By-law to confirm all actions of Council 2000-428 Moved by C. Evaniski Seconded by M. Schafer "THAT confirming By-law 2000-78 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2000-429 Moved by J. Nezezon Seconded by C. Evanitski "THAT the meeting be adjourned at 10:29 p.m." Disposition: Motion Carried Unanimously MAYOR CLERK Date Approved: .)