HomeMy WebLinkAboutSeptember 07, 2000 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, September 7,2000
7:00 p.m.
The regular meeting of Council of the Municipality of Bayham,was held at 7:00 p.m. on
Thursday, September 7, 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, Superintendent of Water/Wastewater Works
Ed Roloson.
I. CALL TO ORDER
Mayor Stewart called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL
NATURE THEREOF
There was no disclosure of pecuniary interest and the general nature thereof.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held August 17, 2000
2000-430 Moved by C. Evanitski
Seconded by M. Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
August 17, 2000 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
None
5. INFORMATION ITEMS
2000-431 Moved by M. Schafer
Seconded by C. Evanitski
"THAT Information Items 5(a) through 5(u) be received for information;
AND THAT regarding Item 5(o)a letter be sent to local MPs supporting FCM
proposals in light of priorities for our community."
Disposition: Motion Carried Unanimously
(a) The Corporation of the Municipality of Central Elgin invitation dated August 29, 2000 to
attend an Open House on the Occasion of the retirement of Kenneth G. Sloan.
File: A 16
(b) The Elgin,Nfiddlesex, Oxford Local Training Board correspondence regarding the
Annual General meeting to be held September 20th, 2000.
File: A01
COUNCIL MINUTES - 171 - September 7, 2000
5. INFORMATION ITEMS (continued)
(c) Minutes of the Bayham 150/2000 meeting held July 17,2000.
File: C06
(d) Notice of planning meeting for a proposed Bayham Historical Committee.
File: A01
(e) Correspondence dated August 21, 2000 from Industry Canada regarding the Community
Access Program.
File: A16
(f) Minutes of the Bayham Community Economic Development and Tourism Committee
meeting held May 17, 2000.
File: C06
(g) Minutes of the Bayham Community Centres Committee meeting held May 10, 2000.
File: C06
(h) Correspondence dated August 14,2000 from the Victorian Order of Nurses, Middlesex-
Elgin Branch regarding affordable transportation.
File: A01
(i) Fax correspondence dated August 23, 2000 from Mr. &Mrs. George Peaker, Mr. &Mrs.
Henry Reimer, and Mr. &Mrs. Alan Wittet regarding property at Part Lot 14, Conc_ 10,
Municipality of Bayham.
File: D
(j) Attorney General and Minister Responsible for Native Affairs correspondence dated
August 8, 2000 regarding the status of the implementation of the Provincial Offences Act
(POA).
File: A16
(k) Ministry of Municipal Affairs &Housing correspondence dated August 2000 regarding
the Brownfrelds Showcase.
File: A16
(I) Ministry of Municipal Affairs&Housing correspondence dated August 23, 2000
regarding the Social Housing Business Transfer.
File: A16
(m) Southern Ontario Tourism Organization "Industry News" dated August 2000, and
invitation to Member Marketing Forums.
File: A01
(n) Association of Municipalities of Ontario correspondence dated August 25, 2000
regarding Recent Appointments at the Province.
File: A01
(o) Federation of Municipalities of Ontario correspondence dated August 22nd and 30'11'2000
regarding `Building a Better Quality of Life"and "Urgent Request for Support:
Submission to Government of Canada".
File: A01
(p) Ontario Crime Control Commission correspondence dated August 23, 2000 regarding
Crime Control 2000 conference.
File: A04
(q) Better Roads Coalition correspondence dated August 28,2000 regarding a road users
Symposium.
File: A04
COUNCIL MINUTES - 172- September 7, 2000
5. INFORMATION ITEMS (continued)
(r) Copy of Minister of Fisheries and Oceans correspondence dated August 22, 2000 to
Steve Peters M.P.P. responding to agricultural drain maintenance and protection of fish
habitat.
File: A16
(s) Ontario Good Roads Association "Municipal Routes"Newsletter, July/August 2000
issue.
File: M07
(t) Elgin St. Thomas Health Unit correspondence dated August 28, 2000 regarding the report
"Elgin County Demographic Profile: 1996.
File: A16
(u) Ministry of the Environment correspondence dated August 8, 2000 regarding"Operation
Clean Water".
File: A16
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
I. CORRESPONDENCE& REPORTS
(a) County of Elgin Notice of Application for Consent#E 71/00,to sever property described
as Part Lot 17 Concession 10, #56919 Talbot Line,to create one rural residential lot,
submitted by 929681 Ontario Limited c/o Danny MacDonald.
File: D10
2000-432 Moved by C. Evanitski
Seconded by D. Mason
"THAT the County of Elgin Land Division Committee be advised that the Council
of the Corporation of the Municipality of Bayham recommends approval of Consent
Application E-71/00 submitted by 929681 Ontario Limited do Danny MacDonald to
sever an irregular shaped parcel of land with a frontage of 91.7 metres along Talbot
Line(Hwy#3), by a depth of 67.05 metres(east lot line) being approximately 0.5
hectares, from property described as Part Lot 17, Concession 10 proposed to create
one new rural residential lot subject to the following conditions:
• That a copy of the survey plan for the severed parcel be deposited with the
Municipal Clerk
• That a 911 Municipal address sign, as required, be purchased and installed."
Disposition: Motion Carried Unanimously
(b) Application submitted by William and Linda Rimnyak to renew temporary zoning on
property described as Part Lot 14, Concession 4, #6934 Bogus Road, for a further three
years —seasonal use only.
File: D14
2000-433 Moved by C. Evanitski
Seconded by D. Mason
"THAT the application by William and Linda Rimnyak to renew the temporary
rezoning of property described as Part Lot 14, Concession 4,#6934 Bogus Road to
the Special Al-T1 Agriculture Zoning Designation to permit the continued use be
accepted and referred to Staff and Cumming Cockburn Ltd. for preparation of a
by-law and scheduling of a public meeting."
Disposition: Motion Carried Unanimously
COUNCIL.MINUTES - 173 - September 7,2000
7. ROADS, AGRICULTURE & DRAINAGE
I. CORRESPONDENCE& REPORTS
(a) Correspondence dated August 24, 2000 from Clayton Watters, County of Elgin regarding
"Capital Works Project—Plank Road, Eden and Straffordville.
File: A 16
2000-434 Moved by C. Evanitski
Seconded by D. Mason
"THAT the County of Elgin correspondence dated August 24,2000 regarding
Capital Works Project—Plank Road,Eden and Straffordville be received;
AND THAT the County be requested to install mountable style curb and gutter in
the Straffordville area of Plank Road, excepting at its intersection with Heritage
Line, which would require barrier style curbs;
AND THAT the County be advised that the Municipality of Bayham requests
mountable curb and gutter installation in the Eden area of Plank Road, excepting
its intersection with Eden Line,which would require the installation of barrier style
curbs."
Disposition: Motion Carried Unanimously
(b) Staff Report D2000-40 regarding Road Name By-law 2000-67.
File: 1319.911
2000-435 Moved by C. Evanitski
Seconded by D. Mason
"THAT Staff Report D2000-40 regarding Road Naming By-law 2000-67 be
received;
AND THAT By-law No.2000-67, being a by-law to amend By-law 99-16, a by-law to
change or assign names to highways, streets and roads be presented to Council for
enactment;
AND THAT Staff be authorized and directed to:
• Register a certified true copy of]By-law 2000-67 in the Registry Office for the
Registry Division of Elgin (No. 11)
• Forward by pre-paid first class mail notification of the enactment of By-law
2000-67 to all applicable parties,including affected property owners, boards,
agencies and utilities
Purchase and install new road name signs in accordance with By-law 2000-67."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report D2000-20 regarding Road Allowance Closure and Conveyance—Policy and
Procedure. (From May /8`1)
File: A09
COUNCIL MINUTES - 174 - September 7,2000
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
I. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending August 31, 2000.
File: P10
2000-436 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Building Permit Report for the month of August 2000 be received for
information."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register, being Cheque# 1186 to Cheque# 1276, except cheques# 1187 and
1188, totaling $ 117,880.95, Cash Requirements for the period ending September 20*
and Payroll Disbursements for the period ending August 23rd totaling$ 32,369.01.
File: F04
2000-437 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Cheque Register, being Cheque# 1186 to Cheque# 1276 inclusive,
except cheques# 1187, 1188, and 1195 totaling$117,880.95, Cash Requirements for
the period ending September 206, and Payroll Disbursements for the period ending
August 2314 totaling$32,369.01 be approved."
Disposition: Motion Carried Unanimously
(b) Correspondence dated August 30, and September 4, 2000 from the Guysboro Cemetery
Board regarding change of officers.
File: S09
2000-438 Moved by J. Nezezon
Seconded by D. Mason
"THAT the correspondence dated August 30 and September 4,2000 from the
Guysboro Cemetery Board regarding the change of officers be received;
AND THAT By-law 2000-79 being a By-law to amend By-law 2000-28, a By-law to
appoint members to Cemetery Boards in the Municipality of Bayham, be presented
to Council for enactment".
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report F2000-27 regarding Sewer Project Financing. (From August 1761
-deferred to September 21, 2000))
File: E01
COUNCIL MINUTES - 175 - September 7,2000
10. ENVIRONMENT
1. CORRESPONDENCE& REPORTS
(a) Correspondence dated September 5, 2000 from Andy Valickis, OCWA, regarding
construction of the Eden, Straffordville, Vienna Pumping Stations tender results and
Recommendation on Award for Contract No. 2.
File: E09
2000-439 Moved by J. Nezezon
Seconded by C. Evanitski
"WHEREAS the Council of the Municipality of Bayham (the"Municipality") has
reviewed the prices submitted by the two (2)tenderers on August 17,2000,for the
construction of the Eden, Straffordville,Vienna Sewage Pumping Stations for the
Municipality under Contract No.2 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:
1. THAT the lowest tender, submitted by 969744 Ontario Ltd. (Elgin
Construction)in the amount of$2,993,798.59. for the construction of the
Eden, Straffordville,Vienna Sewage Pumping Stations is hereby accepted;
and
2. 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. 2; and
3. 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 969744 Ontario Ltd. (Elgin Construction)to commence
work on the construction of the Eden, Straffordville,Vienna Sewage
Pumping Stations;
AND THAT By-law 2000-80, being a by-law to authorize the Mayor and Clerk to
execute the Contract No. 2 agreement documents with 969744 Ontario Ltd. (Elgin
Construction),for the construction of the Eden, Straffordville, Vienna Sewage
Pumping Stations be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) Correspondence dated September 1, 2000 from Port Burwell water customers regarding
water service.
File: C13
2000-440 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated September 1,2000 from Port Burwell water
customers Elaine Becker,Delphine Hayward, and Carolyn Baker regarding water
service be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 176 - September 7,2000
10. ENVIRONMENT (continued)
1. CORRESPONDENCE&REPORTS
(c) Ed Roloson, Water/Wastewater Superintendent,was in attendance to provide Council
with a verbal update regarding the Sewage Treatment Plant upgrade and the Vienna,
Straffordville/Eden forcemain/collector systems in progress.
11. COMMITTEE OF THE WHOLE
2000-441 Moved by C. Evanitski
Seconded by D. Mason
"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
2000-442 Moved by D. Mason
Seconded by I. Nezezon
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
Councillor Schafer disclosed pecuniary interest in regard to Item 11.1(c) added to the
agenda during the "In Camera"session, and did not vote thereon.
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated August 14, 2000 regarding a property matter.
(b) Verbal Report regarding a personnel matter.
2000-443 Moved by M. Schafer
Seconded by C. Evanitski
"THAT By-law 2000-82, being a by-law to amend By-law 98-08,as amended,
appointing Margaret Underhill as Deputy Clerk in accordance with Section 73(2)of
the Municipal Act, Chap. 45,R.S.O. 1990, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
ADDITION OF ITEMS
(c) A Recorded Vote was held on the following Resolution regarding development of the former CP
Rail Lands.
2000-444 Moved by I.Nezezon
Seconded by C. Evanitski
"WHEREAS the Council of the Corporation of the Municipality of Bayham has given the
matter of the development of a utility corridor and recreational trail on the former CP Rail
lands jointly acquired by the former Village of Port Burwell and the Town of Tillsonburg
careful consideration,taking into account the public interest and proper planning
principles,including the various concerns and objections of abutting and area property
owners with regard to the proposed uses,regulation and maintenance of the proposed
utility corridor/and or recreational trail,the anticipated expenses associated with planning,
developing,and maintaining such a facility as set out in the Otter Valley Utility Corridor
and Recreational Trail Master Plan,and other municipal fiscal responsibilities and capital
needs; /cont'd
COUNCIL MINUTES - 177 - September 7,2000
11. COMMITTEE OF THE WHOLE (continued)
Y. CORRESPONDENCE& REPORTS
(c) THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Bayham has determined that at this time,and subject to periodic
review and consideration, it is not prepared to participate further in the planning
and development of a utility corridor and/or recreational trail on the former CP
Rail lands, and the representatives of the Municipality of Bayham of the joint Board
of Management are hereby directed to act in accordance with this stated Council
direction in all matters related to the Joint Board of Management."
In favour Opposed
C. Evanitski D. Mason
J. Nezezon
M. Stewart
Disposition: Motion Carried on a Recorded Vote 3 to 1
(d) Correspondence dated September 7, 2000 from Cumming Cockburn Ltd. regarding a
personnel matter.
2000-445 Moved by M. Schafer
Seconded by D. Mason
"THAT Council of the Municipality of Bayham direct that Cumming Cockburn
Ltd. be authorized to provide planning services on an interim one day a week basis
pursuant to their letter dated September 7th,2000."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Confidential correspondence dated August regarding a property matter.
File: L08
12. BY-LAWS
By-law 2000—67 A By-law to amend By-law 99-16, a By-law to change or assign
names to highways, streets and roads
By-law 2000—79 A By-law to amend By-law 2000-28, a By-law to appoint members
to Cemetery Boards
By-law 2000—80 A By-law to authorize the execution of an Agreement with 969744
Ontario Ltd. (Elgin Construction)for construction of the Eden,
Straffordville and Vienna Sewage Pumping Stations(Contract
No. 2)
By-law 2000—82 A By-law to amend By-law 98-03 as amended(Appointing Deputy
Clerk)
COUNCIL MINUTES - 178 - September 7, 2000
12. BY-LAWS(continued)
2000-446 Moved by C. Evanitski
Seconded by M. Schafer
"THAT By-laws 2000-67, 2000-79,2000-80 and 2000-82 be read a first,second and
third time and f malty passed."
Disposition: Motion Carried Unanimously
By-law 2000— 81 A By-law to confirm all actions of Council
2000-447 Moved by J. Nezezon
Seconded by D. Mason
"THAT confirming By-law 2000-81 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2000-448 Moved by J. Nezezon
Seconded by C Evanitski
"THAT the meeting be adjourned at 10:07 p.m."
Disposition: Motion Carried Unanimously
6?"� ,41>S--6Th r.
MAY I R CLERK
7
Date Approved: . _yam .//.0ci