HomeMy WebLinkAboutDecember 07, 2000 - Council COUNCIL MINUTES ( OC ilcz-rc“,b
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,December 7,2000
9:00 a.m.
The Inaugural meeting of Council of the Municipality of Bayham, was held at 9:00 a.m. on
Thursday, December 7, 2000 in Council Chambers. Present were Mayor Max Stewart, Deputy
Mayor Lynn Acre, Councillors David Mason, Mathew Schafer and Cliff Evanitski,
Administrator Kyle Kruger and Clerk Lynda Millard.
1. OPENING OF INAUGURAL MEETING
(a) CALL TO ORDER—Lynda Millard, Clerk called the meeting to order at
9:00 a.m.
(b) PRAYER—Rev. Malcolm Purdy of Eden & Goshen Baptist Churches
offered prayer on behalf of the members serving for the new term of
Council.
(c) DECLARATION OF ELECTED OFFICES AND AFFIRMATIONS
OF ALLEGIANCE were subscribed by the members of Council for the
upcoming term.
(d) STATEMENTS BY MEMBERS were made outlining appreciation of
support given them by the electors of Bayham and expressing their
enthusiasm and anticipation of accomplishments to be made during this
upcoming term.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL
NATURE THEREOF
Mayor Stewart disclosed pecuniary interest in regard to item 6.1 (a), at which time he
vacated, and Deputy Mayor Lynn Acre assumed the Chair.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting held November 2, 2000
Minutes of the Special Meeting held November 9, 2000
2000-548 Moved by D. Mason
Seconded by L. Acre
"THAT the minutes of the regular meeting of the Municipality of Bayham held
November 2,2000 be approved."
Disposition: Motion Carried Unanimously
2000-549 Moved by L. Acre
Seconded by D. Mason
"THAT the minutes of the special meeting of the Municipality of Bayham held
November 9,2000 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -218 - December 7,2000
4. DELEGATIONS
(a) 9:30 a.m.—Lauren Lee, representing Dave Racz, Terry Lilliman, Dan Murray, Carolyn
Murray and Ryan Murray outlined the request for consideration of the closure and
conveyance of a southern portion of Owl Cage Road.
Item 7.1(b)
(b) 10:00 a.m.—Wayne Casier and Shirley Biro representatives,Bayham Community
Health Action Committee were present to answer any questions regarding Staff Report
S2000-02.
Item 9.1(e)
(c) 10:30 a.m.—Provincial O.P.P. Constable Dennis Harwood was present to introduce
Staff Sergeant Ryan Cox who had replaced Staff Sergeant John Stephens recently. Also
present was the new administration Sergeant Mike Burton.
5. INFORMATION ITEMS
2000-550 Moved by L. Acre
Seconded by D. Mason
"THAT Information Items 5(a)through 5(m), except 5(1), be received for
information."
Disposition: Motion Carried Unanimously
(a) Minutes of the Port Burwell Marine Museum Advisory Committee meeting held October
19, 2000.
File C06
(b) Minutes of the Bayham Community Centres Committee meeting held October 26, 2000.
File C06
(c) Correspondence dated November 7, 2000 from Donna Baldwin regarding the
Appreciation Night held October 2861-
File: M04
(d) Minutes of the Bayham Community Health Action Committee regular meeting held
October 24, 2000.
File C06
(e) Correspondence dated November 7, 2000 from Power Budd regarding "Ontario
Announces Stringent New Hazard Waste Regulation"and "New Emission Monitoring
and Reporting Regulations Posted".
File A01
(f) Correspondence dated November 7, 2000 from James M. Flaherty, Attorney General,
Minister Responsible for Native Affairs regarding the"Safe Streets Act".
File A16
(g) Ministry of the Environment News Release dated November 17, 2000 regarding "35
water treatment facilities fail to meet reporting requirements:Newman".
File A16
(h) Association of Municipalities of Ontario "For Your Information"correspondence dated
November 3 and 14, 2000 regarding "Province Introduces Labour Legislation"and
"AMO Comments on Provincial Small Waterworks Review".
File A01
COUNCIL MINUTES -219 - December 7, 2000
5. INFORMATION ITEMS (continued)
(i) Association of Municipalities of Ontario "Alert"correspondence dated November 17, 21
and 24, 2000 regarding "Successful Lobbying sees Provincial Government Pull Bill
100", "AMO calls on Province for Long-term Financial Protection Against Social
Housing Risk"and "AMO Comments on Provincial Small Waterworks Review".
File A01
(j) Cowan Public Entity "BULLETIN" dated November 24, 2000.
File L00
(k) Minutes of the Bayham Joint Cemetery Board meeting held April 27, 2000.
File C06
(1) Correspondence received Decer Bober 4,2000 regarding`Privatization of Ontario's
Correctional Services.
File A01
2000-551 Moved by M. Schafer
Seconded by D. Mason
"THAT the Council of the Municipality of Bayham support the correspondence
dated Dec.4/00 from Leonard Mason,President of the Ontario Public Service
Employers Union,Local 737, Thunder Bay Jail, opposing the Privatization of
Ontario's Correctional Services."
Disposition: Motion Carried Unanimously
(m) Correspondence dated December 4, 2000 from Power Budd regarding Natural Resource
Gas Ltd, —RP 2000-0126 —Rates Application—Fiscal Years_200 1 and 2002,
File: A01
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
I. CORRESPONDENCE-41 REPORTS
(a) County of Elgin Notice of Application for Consent#E 101/00,to sever property
described as Part Lots 24 and 25, Concession 9, proposed to create one new lot for
agricultural purposes,submitted byDawn and Tony Kielly.
File: D10
2000-552 Moved by D, Mason
Seconded by L. Acre
"THAT the County of Elgin Land Division Committee be advised that the Council
of the Corporation of the Municipality of Bayham does not support annroval of
Consent Application E-101/00 submitted by Dawn and Tony Kielly to sever a parcel
of land with a frontage of 240.0 metres along Plank Road,(County Road 19),by.a
depth of 200.0 metres (north lot line)to 280.0 metres (south lot line)from property
described as Part Lots 24 and 25, Concession 9,Municipality of Bayham, proposed
to create one new lot for agricultural purposes subject to further info being
provided by proponent."
Disposition: Motion Carried
COUNCIL MINUTES - 220- December 7,2000
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE&REPORTS
(b) Application submitted by George and Darya Rousseau to change zoning on property
described as Part Lot 15, Concession 2, (5217 Plank Road.)to amend the Special
Agriculture (Al-25) designation to permit a Fruit Winery with a Retail Store.
File: D14
2000-553 Moved by M. Schafer
Seconded by L. Acre
"THAT the application by George and Darya Rousseau to change zoning on
property described as Part Lot 15, Concession 2, (5217 Plank Road)to amend the
Special Agriculture(A1-25) designation to permit a Fruit Winery with a Retail
Store be accepted_and referred to Staffand Cumming Cockburn Ltd.for
preparation of a by-law and scheduling of a public meeting."
Disposition: Motion Carried Unanimously
(c) Application submitted by Joan and Robert Gregson to change zoning on property
described as Lot 14, Concession 5, (Jackson Line)from the Agricultural(Al) designation
to a Rural Residential (RR) designation to facilitate the creation of a building lot for
retirement purposes.
File: D14
2000-554 Moved by C. Evanitski
Seconded byM. Schafer
"THAT the application by Joan and Robert Gregson to change zoning on property
described as Lot 14, Concession 5, (Jackson Line) from the Agriculture (A1)
designation to the Rural Residential(RR) designation to facilitate the creation of a
lot for retirement purposes 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
(d) Application submitted by Gregory and Maria O'Neill to change zoning on property
described as Lot 19 and 20, Concession 4, (Calton Line)to amend the Special Agriculture
designation to facilitate the County of Elgin Land Division Committee Application for
Consent#E 59/00.
File: D14
2000-555 Moved by D. Mason
Seconded by M. Schafer
"THAT the application by Gregory and Maria O'Neill to change zoning on property
described as Lots 19 & 20, Concession 4, (Calton Line) to amend the Special
Agriculture designation be accepted and referred to Staff and Cumming Cockburn
Ltd. for preparation ofa by-law and scheduling ofa.public mating."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 221 - December 7, 2000
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE& REPORTS
(a) Staff Report T2000-07 regarding Winter Control Maintenance and Sidewalk Clearance
Rates.
File: T06
2000-556 Moved by D. Mason
Seconded byL. Acre
"THAT Staff Report T2000-07 confirming Winter Control Maintenance rates be
received;
AND THAT By-laws be prepared authorizing the Mayor and Clerk to endorse
agreements for winter control maintenance 2000/2001 with:
• Steve Laemers for plowing in the Village of Port Burwell,
• Ken Hen-on for plowing in the Village of Vienna,
• Doug Lilley for plowing streets in the Hamlets of Straffordville and Eden,
and
• Herman Klassen for plowing sidewalks in the Village of Port Burwell and
Hamlet of Straffordville,for Council's consideration."
Disposition: Motion Carried Unanimously
(b) Correspondence dated October 29, 2000 from David Racz, Terry Lilliman,Lauren Lee,
Dan Murray, Carolyn Murray and Ryan Murray requesting the closure and conveyance of
the southern part of Owl Cage Road.
File: C13
2000-557 Moved by D. Mason
Seconded by L. Acre
"THAT the correspondence dated October 29, 2000 from David Racz, Terry
Lilliman,Lauren Lee,_Dan Murray,Carolyn.Murray and Ryan Murray requesting
the closure and conveyance of the southern part of Owl Cage Road be received for
information."
Disposition: Motion Carried Unanimously
(c) Staff Report D2000-44 regarding Application to Close and Convey Owl Cage Road.
File: A09
2000-558 Moved by M. Schafer
Seconded by L. Acre
"THAT Staff be directed to initiate procedures pursuant to the Municipal Act to
close and convey the portion of Owl Cage Road as requested in the petition dated
October 29, 2000, subject to the payment by the applicants of a$500 deposit and
inclusion of a$350.administration fee."
Disposition: Motion Carried
COUNCIL MINUTES - 222 - December 7, 2000
8. PROPERTY,BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Building Permit Report for the months of October and November 2000.
File: P10
2000-559 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Building Permit Reports for the months of October and November 2000
be received for information."
Disposition: Motion Carried Unanimously
(b) Correspondence dated October 31, 2000 from the Ontario Realty Corporation regarding
Potentially Surplus Provincial Property.
File: L00
2000-560 Moved by D. Mason
Seconded by M. Schafer
"THAT the correspondence dated October 31,2000 from the Ontario Realty
Corporation regarding Potentially Surplus Provincial Property be received for
information."
Disposition: Motion Carried Unanimously
(c) Correspondence dated November 27, 2000 from Beverly Walker expressing concerns in
regard to animal control.
File: M04
2000-561 Moved by D. Mason
Seconded by C. Evanitski
"THAT the correspondence dated November 27,2000 from Beverly Walker
expressing concert's in regard to animal control be received for information."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register,being Cheque# 1549 to Cheque# 1766 inclusive, except cheque
# 1747, totaling $ 540,908.90 and Payroll Disbursements for the periods ending
November 1, 15 and 29,2000 totaling$ 122,929.32.
2000-562 Moved by M. Schafer
Seconded by L. Acre
"THAT the Cheque Register, being Cheque # 1549 to Cheque# 1766 inclusive,
except cheque#1747,totaling S 540,908.90 and PayrollDisbursements for the
periods ending November 1, 15 and 29,2000 totaling $ 122,929.32 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 223 - December 7, 2000
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(b) Correspondence dated November 2, 2000 from the Thames Valley District School Board,
Port Burwell Public School, requesting funding support for the`Breakfast for Learning"
program at the Port Burwell Public School.
File: F05
2000-563 Moved by D. Mason
Seconded by M.Schafer
"THAT the correspondence dated November 2, 2000 from the Thames Valley
District School Board Port Burwell Public School be received;
AND THAT Council support the funding request for the"Breakfast for Learning"
program at the Port Burwell and the_Straffordville Public Schools in theamounts of
$190.00 and$100.00 respectively."
Disposition: Motion Carried Unanimously
(c) Long Point Region Conservation Authority correspondence dated October 31, 2000
regarding Canada-Ontario Great Lakes Agreement—Request for Renewal.
File: A16
2000-564 Moved by C. Evanitski
Seconded by L. Acre
"THAT the Long Point Region Conservation Authority correspondence dated
October 31, 2000 regarding.Canada-Ontario Great.Lakes Agreement—Request for
Renewal be received;
AND THAT the Council of the Municipality of Bayham supports the request to
have a new or renewed Agreement put in place for2000 and 2001."
Disposition: Motion Carried Unanimously
(d) Long Point Region Conservation Authority correspondence dated November 2, 2000
regarding Municipal Appointments to.LPRCABoard.
File: A16
2000-565 Moved by M. Schafer
Seconded byD_.Mason
"THAT the Long Point Region Conservation Authority correspondence dated
November 2,2000 regarding Municipal Appointments to LPRCA Board be
received;
AND THAT Cliff Evanitski be confirmed as the representative of the Municipality
of Bayham and the Township of Malahide on an interim basis, pending approval of
a new Order-In-Council for the Long Point Region Conservation Authority."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 224- December 7, 2000
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE fi REPORTS
(e) Staff Report 52000-02 regarding Bayham Community Health Action Committee
proposal to seek Human Resources Development Canada funding assistance.
File: S08
2000-566 Moved by D. Mason
Seconded by M. Schafer
"THAT Staff Report 2000-02 regarding application to the Human Resources
Development Canada,Job Creation Partnerships, be received;
AND THAT the Council for the Municipality of Bayham supports the efforts of the
Bayham Community Health Action Committee in submitting an application to
Human Resources Development Canada,Job Creation Partnerships,for funding
assistance for two staff persons to conduct a Health Needs Assessment for the
Municipality of Bayham;
AND THAT the Mayor and the Clerk or Deputy Clerk be authorized to sign the
application."
Disposition: Motion Carried Unanimously
(f) Copy of Christmas Wishes advertisement placed in Tillsonburg News from the previous
season for Council's consideration this year.
File: M0O
2000-567 Moved by C. Evanitski
Seconded by L. Acre
"THAT the Council does not support that the Christmas Wishes advertisement be
placed in the Tillsonburg News this year."
Disposition: Motion Carried Unanimously
(g) London District Catholic School Board correspondence dated November 24, 2000
regarding "Draft Education Development Charges Background Study and By-law for the
County of Elgin".
File: D00
2000-568 Moved by L. Acre
Seconded by M. Schafer
"THAT the London District Catholic School Board correspondence dated
November 24,2000 regarding"Draft_Education Development Charges Background
Study and By-law for the County of Elgin" be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -225 - December 7,2000
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
I. CORRESPONDENCE A REPORTS
(h) Memo dated December 5, 2000 from Mayor Stewart requesting the rescheduling of the
next meeting of Council.
File: C13
2000-569 Moved by L. Acre
Seconded by D. Mason
"THAT the next meeting of Council be rescheduled to Tuesday, December 19, 2000
at 7:00 p.m."
Disposition: Motion Carried Unanimously
Items 9.1 (1) and Li) were added to the agenda
(i) Correspondence dated November 21, 2000 from the Township of Howick regarding
"Water Regulation 459/00".
File: C10
2000-570 Moved by M. Schafer
Seconded by D. Mason
"THAT the correspondence dated November 21, 2000 from the Township of Howick
be received;
AND THAT the Council of the Municipality of Bayham supports the resolution
passed by the Township of Howick on November 7, 2000 regarding"Water
Regulation 459/00'."
Disposition: Motion Carried Unanimously
(j) Correspondence date November 6, 2000 from the County of Prince Edward regarding
"Ongoing services related to the Review ofNutrient Management Plans"
File: C10
2000-571 Moved by M. Schafer
Seconded by D.Mason
"THAT the correspondence dated November 6,2000 from the County of Prince
Edward be received;
AND THAT the Council of the municipality of Bayham supports the resolution
passed by the County of Prince Edward on October 10,2000 regarding"Ongoing
services related to the Review of Nutrient Management Plans."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -226 - December 7,2000
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Staff Report U2000-10 regarding Sewage Treatment System Operation.
File: E01
2000-572 Moved by C. Evanitski
Seconded by M. Schafer
"THAT Staff Report U2000-10 regarding Sewage Treatment System Operation be
received;
AND THAT Council authorize staff to negotiate a one year contract with the
Ontario Clean Water Agency for the provision of Full Maintenance and operation
of the Municipal Sewage Treatment and Collection System;
AND THAT the Job Description of the Water/Wastewater Superintendent be
amended to reflect the changes to the position in accordance with report U2000-10."
Disposition: Motion Carried Unanimously
(b) Correspondence dated December 2000 from Andy Valickis,OCWA,regarding
construction of the Eden Sewage Project Tender results and Recommendation on Award
for Contract No. 6.
File: E09
2000-573 Moved by C. Evanitski
Seconded by L. Acre
"WHEREAS the Council of the Municipality of Bayham has reviewed the prices
submitted by the five (5) tenderers on November 28,2000 for the construction of the
Eden Sanitary Sewers for the Municipality under Contract No. 6 of Project Nos.88-
1338-01 and 88-1350-01:
AND WHEREAS Council is in agreement with the recommendations submitted by
their Consulting Engineers,and OCWA;
NOW THEREFORE BE IT RESOLVED by the Council of the Municipality:
1. THAT the lowest tender, received from Classic Excavating Inc. in the tender
amount of$ 1,772,560.80 (including a contingency allowance of$ 50,000), for
the construction of the Eden Sanitary Sewers is hereby accepted, subject to
obtaining prior written concurrence of the County of Elgin indicating they
agree with the award and providing a financial commitment toward their
share of the costs; 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.6; and
3. AND THAT By-law 2000-98, being a by-law to authorize the Mayor and
Clerk to execute the Contract No. 6 agreement documents with Classic
Excavating Inc.for the construction of the Eden Sanitary Sewers be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 227 December 7,2000
11. COMMITTEE OF THE WHOLE
2000-574 Moved by M. Schafer
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
2000-575 Moved by C. Evanitski
Seconded by D.Mason
"THAT the Committee of the Whole do now rise from the "In Camera" Session."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Confidential Staff Report H2000-12 regarding a personnel matter.
File: 1111
2000-576 Moved by D. Mason
Seconded by M. Schafer
"THAT the Agreement with Faber Management Services to provide contract
Treasury services to the Municipality as attached to report No. H2O00-12 he
approved;
AND THAT By-law 2000-97 authorizing the Mayor and Clerk to endorse the
Agreement with Faber Management Services be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(b) Confidential Staff Report 112000-13 regarding a personnel matter.
File: H03
2000-577 Moved by M. Schafer
Seconded by L. Acre
"THAT Council award bonuses for 2000 to Staff in the total amount of$5400.00,
plus turkeys, as directed in closed.session."
Disposition: Motion Carried Unanimously
(c) Confidential Staff Report 52000-03 regarding a property matter.
File: SOS
2000-578 Moved by M. Schafer
Seconded by C. Evanitsld
"THAT Confidential Staff Report 52000-03 be received;
AND THAT Staff, one representative of Council, and one representative of the
Bayham Health Action Committee meet with the Tillsonburg Medical Centre Group
to arrive at a final proposal for the provision of a walk-in clinic."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 228 - December 7,2000
12. BY-LAWS
By-law 2000—96 A By-law to amend By-law 98-08, as amended (appointing
Municipal Officers&Employees)
By-law 2000—97 A By-law to authorize the execution of a contract Agreement
between the.Municipality ofBayham and Faber Management
Services
By-law 2000—98 A By-law to authorize the execution of an Agreement regarding
the Eden Sewage Works (Contract#6)
2000-579 Moved by D. Mason
Seconded by M. Schafer
"THAT By-laws 2000-96,2000-97 and 2000-98 be read a first, second and third time
and finally passed."
Disposition: Motion Carried Unanimously
By-law 2000— 94 A By-law to confirm all actions of Council
2000-580 Moved by D. Mason
Seconded by C. Evanitski
"THAT confirming By-law 2000-94 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2000-581 Moved by M. Schafer
Seconded by C. Evanitski
"THAT the meeting be adjourned.at 1:16.p.m."
Disposition: Motion Carried Unanimously
1-2-1/4-li .r • 1/11
MAYO ERK
Date Approved: z � - A. ,.L I qf' 0 6