HomeMy WebLinkAboutNovember 05, 1998 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O.Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,November 5, 1998
9:00 a.m.
The regular meeting of Council of the Municipality of Bayham was held at 9:00 a.m. on
Thursday,November 5, 1998 in the Council Chambers. Present were Mayor Max Stewart,
Deputy Mayor Jack Petrie, Councillors David Mason, John Nezezon and Cliff Evanitski,
Administrator/Treasurer Lynn S. Buchner, and Clerk Lynda Millard.
1. CALL TO ORDER
Mayor Max Stewart called the meeting to order at 9:00 a.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL
NATURE THEREOF
There was no disclosure of pecuniary interest and the general nature thereof.
3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES
Minutes of the Regular Meeting held October 15, 1998
Minutes of the Special Meeting held October 29, 1998
98-794 Moved by J.Nezezon
Seconded by J. Petrie
"THAT the minutes of the regular meeting of the Municipality of Bayham held
October 15, 1998 be approved."
Disposition: Motion Carried Unanimously
98-795 Moved by C. Evanitski
Seconded by D. Mason
"THAT the minutes of the special meeting of the Municipality of Bayham held
October 29, 1998 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) Maureen Beatty, Co-ordinator of Planning and Community Services, regarding
Item 7.1(b).
(b) Dwayne Daniel, Chief Building Official,regarding
Item 8.1(a)& 8.2(a).
(c) Bob Bartlett,Road Superintendent,regarding
Item 7.1(d),&7.1(e).
COUNCIL MINUTES - 352 - NOVEMBER 5, 1998
5. INFORMATION ITEMS
98-796 Moved by J. Nezezon
Seconded by J. Petrie
"THAT Information Items 5(a) through 5(n) be received and filed.''
Disposition: Motion Carried Unanimously
(a) Invitation to The Premier's Conference on Jobs & Prosperity, Ontario in the New
Millenium, to be held November 20, 1998.
File: A16
(b) Bayham Community Policing Committee minutes of meeting held September 23, 1998.
File: C06
(c) Neighbourhood Watch Community Newsletter AROUND TOWN, October 1998 edition.
File: A01
(d) International Great Lakes St. Lawrence Mayors' Conference correspondence dated
October 19, 1998.
File: A01
(e) Ontario Federation of Anglers&Hunters correspondence dated October 16, 1998.
File: A01
(f) Correspondence from Helen Ball, dated October 8, 1998 regarding various matters.
File: M04
(g) Municipal Finance Officers' Association Municipal Member Communication
correspondence dated October 20, 1998.
File: A01
(h) Association of Municipalities of Ontario Alert correspondence dated October 23, 1998.
File: A01
(i) Township of Malahide notice of public meeting regarding a planning matter.
File: A16
(j) Economic Development and Tourism Striking Committee minutes of meeting held
September 14, 1998.
File: C06
(k) Ratepayers of Bayham correspondence dated October 29, 1998 regarding Otter Valley
Utility Corridor and Recreation Trail.
File: M04
(1) Town of Aylmer notice of East Elgin Millenium Committee meeting.
File: A16
(m) Lower Thames Valley Conservation Authority Organizational Review notice of Public
Meetings.
File: A16
(n) Aylmer Area Community Foundation invitation to 4th Annual Foundation Celebration.
File: A01
COUNCIL MINUTES - 353 - NOVEMBER 5, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE& REPORTS
(a) J. Bruce Gardner correspondence dated October 26, 1998,regarding the proposed
Elizabeth Street Subdivision Development Charges.
File: D12
98-797 Moved by D. Mason
Seconded by J. Petrie
"THAT the J. Bruce Garner correspondence dated October 26, 1998 be deferred
until consideration of the draft subdivision agreement prepared by Cumming
Cockburn Limited."
Disposition: Motion Carried Unanimously
(b) Memo received October 30th, 1998 from Dave Mason, regarding Port Burwell Santa
Claus Parade & Lighting Ceremony.
File: M02
98-798 Moved by D. Mason
Seconded by J. Petrie
"THAT the memo from Councillor Dave Mason, received October 30, 1998 be
received;
AND THAT Staff be directed to provide the following for the Port Burwell Santa
Claus Parade to be held on Saturday, December 5th at 6:30 p.m.:
• block off Robinson Street between Pitt and Brock Streets;
• arrange for Christmas light assemblies to be hung on the street posts;
• arrange for Christmas banners to be hung on posts along Pitt and Robinson
Streets."
Disposition: Motion Carried Unanimously
(c) Staff Report 98114 regarding Chapel Street and Centre Street/Road
File: D19.911
98-799 Moved by J. Petrie
Seconded by D. Mason
"THAT Staff Report 98114 be received;
THAT the name Chapel Street, Straffordville,be changed to Old Chapel Street,
to provide a unique location of properties for the 911 Emergency Service;
AND THAT the name Centre Road located at Concession 3,Lot 15 be changed to
Soper Road,to provide a unique location of properties for the 911 Emergency
Service."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 354 - NOVEMBER 5, 1998
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
I. CORRESPONDENCE&REPORTS
(d) Long Point Region Conservation Authority correspondence dated October 6, 1998.
File: A16
98-800 Moved by J. Petrie
Seconded by C. Evanitski
"THAT the Long Point Region Conservation Authority correspondence dated
October 6, 1998 be received for information."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
7. ROADS, AGRICULTURE & DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) The Corporation of the Town of Walkerton correspondence dated October 28, 1998,
requesting support regarding Gasoline Taxes&Maintenance of Highways.
File: A16
98-801 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Corporation of the Town of Walkerton correspondence dated October
26, 1998 be received;
AND THAT the Council of the Municipality of Bayham hereby supports the Town
of Walkerton Resolution# 98-33-334, dated September 28, 1998, petitioning the
Province of Ontario to share the gasoline tax with Ontario Municipalities in a fair
and equitable manner."
Disposition: Motion Carried Unanimously
(b) Staff Report 98108 regarding Proposal by Township of Malahide to Stop Up, Close&
Convey a portion of Springer Hill Road.
File: T09
98-802 Moved by J. Petrie
Seconded by D. Mason
"THAT Staff Report 98108 addressing the proposal by the Township of Malahide to
stop up, close and convey a portion of Springerhill Road be received and forwarded
to the Township of Malahide."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 355 - NOVEMBER 5, 1998
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE&REPORTS
(c) Report from Ward 1 Councillor David Mason, regarding proposed new streetlighting in
Port Burwell.
File: TO1
98-803 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Memo dated November 5, 1998 from Ward 1 Councillor Dave Mason
regarding additional street lights in Port Burwell be received;
AND THAT the following areas identified in the aforementioned report be provided
with streetlight structures not to exceed $ 6,000:
• McCord Lane and Wellington Street
• Elizabeth Street south at#7 Elizabeth Street, across from private lane
• Pitt Street in front of Anglican Church
• Libbye Street west of Faye Street, about half way along the cottage row
• On post at base of pier
• Chatham Street in front of the ball park."
Disposition: Motion Carried Unanimously
(d) Verbal Staff Report from Road Superintendent regarding Mitchell Road Culvert.
98-804 Moved by D. Mason
Seconded by J. Petrie
"THAT the Road Superintendent,verbal report regarding the Mitchell Road
Culvert be received;
AND THAT the quote provided by Higgs Construction in the amount of$ 20,000. -
$25,000. be approved."
Disposition: Motion Carried Unanimously
(e) Draft agreements for Winter Maintenance Control and Night Patrol.
File: L04
98-805 Moved by J. Petrie
Seconded by D. Mason
"THAT the draft agreement for Winter Maintenance Control be
approved;
AND THAT By-law 98-93,being a By-law to authorize the Mayor and Clerk to
execute an Agreement with ProMow Lawn Services Inc. for Winter Maintenance
Control be presented to Council for enactment."
Disposition: Motion Carried
COUNCIL MINUTES - 356 - NOVEMBER 5, 1998
7. ROADS, AGRICULTURE & DRAINAGE (continued)
1. CORRESPONDENCE&REPORTS
(e) 98-806 Moved by J. Petrie
Seconded by D. Mason
"THAT the draft agreement for Night Patrol be approved;
AND THAT By-law 98-94, being a by-law to authorize the Mayor and Clerk to
execute an Agreement with ProMow Lawn Services Inc. for Night Patrol be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) No Items.
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month of October, 1998.
File P10
98-807 Moved by J. Nezezon
Seconded by J. Petrie
"THAT the Building Permit Report for the month of October, 1998, as amended,
be received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report 98110 regarding Emergency Preparedness & Response Course.
File: P03
98-808 Moved by J. Petrie
Seconded by J.Nezezon
"THAT Staff Report 98110 regarding the Emergency Preparedness and Response
Course be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 357 - NOVEMBER 5, 1998
8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued)
2. UNFINISHED BUSINESS
(a) Staff Report regarding summary of tenders for Bayham and Vienna Community Centre
improvements.
File: F18
98-809 Moved by D. Mason
Seconded by C.Evanitski
"THAT Staff Report 98115 be approved;
AND THAT the tender bid received from Klassen Construction in the amount of$7,494.06
for the tender for Drywall Exits at the Vienna Community Centre be accepted;
AND THAT the tender bid received from Grassmere Security in the amount of$16,850.00
for the Vienna Community Centre and Bayham Community Centre Fire Alarm System be
accepted;
AND THAT the tender bid received from Armstrong Fire Protection in the amount of
$3,145.80 for Fire Protection System on Commercial Cooking Equipment at both
community centres be accepted;
AND THAT the Chief Building Official be directed to obtain a quote from Hewbank Paint
&Wallpaper for flame retardant treatment on the Vienna Community Centre walls for
Council's consideration."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
CORRESPONDENCE&REPORTS
(a) Cheque Register for the period ending November 3, 1998.
Cash Requirement Report to November 20, 1998.
File: F10.3
98-810 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Cheque Register for the period ending November 3, 1998, and the Cash
Requirements for the period ending November 20, 1998 be approved."
Disposition: Motion Carried Unanimously
(b) The Royal Canadian Legion, Ontario Command, correspondence dated October 9, 1998
requesting permission to sell Raffle Lottery tickets in the Municipality of Bayham under
Provincial License No. P982544, dated October 7, 1998.
File: P09
98-811 Moved by C. Evanitski
Seconded by D. Mason
"THAT the Royal Canadian Legion, Ontario Command correspondence dated
October 9, 1998 be received;
AND THAT Council hereby grants the request to sell Raffle Lottery tickets in the
Municipality of Bayham under Provincial License No. P982544, dated October 7,
1998."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 358- NOVEMBER 5, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL(continued)
1. CORRESPONDENCE&REPORTS
(c) Township of West Nissouri correspondence requesting support of a resolution petitioning
the Provincial Government to ensure through proper levels of funding, that school boards
are not forced to close rural schools.
File: H05
98-812 Moved by J.Nezezon
Seconded by J. Petrie
"THAT the Township of West Nissouri correspondence be received;
AND THAT the Council of the Municipality of Bayham supports the resolution of
the Township of West Nissouri petitioning the Provincial Government to ensure,
through proper levels of funding,that school boards are not forced to close rural
schools."
Disposition: Motion Carried Unanimously
(d) Thames Valley District School Board, Port Burwell Public School correspondence dated
October 20, 1998 requesting funding support.
File: A01
98-813 Moved by C. Evanitski
Seconded by J.Nezezon
"THAT Thames Valley District School Board,Port Burwell Public School
correspondence dated October 20, 1998 be received;
AND THAT Council supports the Port Burwell Public School request for financial
support to assist in providing a nutritious breakfast for local students in the amount
of$ 100.;
AND THAT Staff be directed to contact Straffordville Public School to determine if
there is to be a program there as well, if so forward $100. to the Straffordville
Public School, otherwise, $200. be directed to the Port Burwell Public School."
Disposition: Motion Carried Unanimously
(e) The City of Windsor correspondence dated October 7, 1998,requesting support in regard
to Licensing of Bingo Lotteries.
File: A16
98-814 Moved by D. Mason
Seconded by C. Evanitski
"THAT the City of Windsor correspondence dated October 7, 1998 be received;
AND THAT Council of the Municipality of Bayham support the Resolution of the
City of Windsor passed October 5, 1998 regarding Licensing of Bingo Lotteries in
Ontario."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 359 - NOVEMBER 5, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE& REPORTS
(f) Lottery License application,dated October 29, 1998,to sell Nevada tickets at Menard's
Service Centre in Vienna, submitted by the Tillsonburg Aquatic Torpedos, Parent
Group II.
File: P09
98-815 Moved by J. Petrie
Seconded by J.Nezezon
"THAT the Break Open Ticket Lottery License application dated October 29,
1998, submitted by the Tillsonburg Aquatic Torpedos, Parent Group II,be
approved."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Town of Aylmer,Mayor Bob Habkirk correspondence regarding preparation for East
Elgin Y2000 Celebration Committee, and minutes of East Elgin Millennium Committee
meeting held October 28, 1998. Not available at time of printing
File: A16
98-816 Moved by J. Petrie
Seconded by D. Mason
"THAT the Town of Aylmer correspondence dated November 5, 1998 be received;
AND THAT Councillors Evanitski and Mason be appointed to attend the meeting,
regarding Y2000 celebration,to be held at the Township of Malahide on
Wednesday,November 11, 1998 at 7:00 p.m."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Staff Report 98112 regarding the Water Main Break—County Road#42 (Nova Scotia
Line).
File: P03
98-817 Moved by J.Nezezon
Seconded by J. Petrie
"THAT the Staff Report 98112 regarding the water main break on County Road
42 be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 360 - NOVEMBER 5, 1998
10. ENVIRONMENT (continued)
1. CORRESPONDENCE& REPORTS
(b) Ontario Property and Environmental Rights Alliance(OPERA)correspondence dated
October 19, 1998 regarding Schedule I,Proposed Bill B-25, Red Tape Reduction Act
(1998).
File: A01
98-818 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Ontario Property and Environmental Rights Alliance(OPERA)
correspondence dated October 19, 1998 be received;
AND THAT the Council of the Municipality of Bayham supports the Resolution
passed by The Township of Augusta on October 13, 1998 petitioning the Ministers
of Municipal Affairs and Housing and of Consumer and Commercial Relations to
delete Schedule I of Bill 25, Red Tape Reduction Act(1998), in particular the
amendments to the Conservation Authorities Act."
Disposition: Motion Carried Unanimously
(c) Township of Hagerman correspondence received October 23, 1998, regarding Cottage
Pollution Control Program.
File: A16
98-819 Moved by J. Petrie
Seconded by C. Evanitski
"THAT the Township of Hagerman correspondence, received October 23, 1998, be
received;
AND THAT the Council of the Municipality of Bayham hereby supports the
Township of Hagerman Resolution No. 98-262, dated October 5, 1998, regarding
reinstatement of the Cottage Pollution Control Program by the Provincial
Government."
Disposition: Motion Carried Unanimously
(d) Kettle Creek Conservation Authority correspondence dated October 28, 1998 requesting
nominations for the annual Conservation Stewardship Award.
File: A16
98-820 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Kettle Creek Conservation Authority correspondence, dated October
28, 1998,be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 361 - NOVEMBER 5, 1998
10. ENVIRONMENT (continued)
1. CORRESPONDENCE&REPORTS
(e) Privatization Secretariat, Office of the Chief Executive Officer correspondence dated
October 8, 1998,regarding a business review of the Ontario Clean Water Agency.
File: A16
98-821 Moved by J. Petrie
Seconded by D. Mason
"THAT the Privatization Secretariat, Office of the Chief Executive Officer
correspondence, dated October 8, 1998, be received;
AND WHEREAS the Ontario Office of Privatization is seeking input from the
Municipality regarding the government's involvement with the Ontario Clean
Water Agency in accordance with the Ontario Privatization Review Framework;
THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Bayham hereby requests the Privatization Secretariat to ensure that municipalities
retain the right to contract out the responsibility of managing and operating the
water distribution and sewage treatment facilities to third-party suppliers or
provide their own services to ensure that the quality and economic competitiveness
of the service can be achieved."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Correspondence dated October 14, 1998, from Andy Valickis, Project Manager, Ontario
Clean Water Agency. Andy Valickis was available by telephone to answer any of
Council's questions.
File: E08
Councillor Mason requested a recorded vote on the following resolution:
98-822 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the correspondence, dated October 14, 1998 from Andy Valickis,P. Eng.,
Project Manager, Ontario Clean Water Agency,be received;
AND THAT the Acres and Associated proposal dated October 13, 1998,for an
Expansion Brief on the Port Burwell Sewage Treatment Plant be approved, at a
cost not to exceed $23,750. plus GST ."
Those in favour Those against Those
Of the Motion the Motion Abstaining
C. Evanitski D. Mason
J. Nezezon
J. Petrie
M. Stewart
Disposition: Motion Carried on a Recorded Vote
COUNCIL MINUTES - 362 - NOVEMBER 5, 1998
10. ENVIRONMENT (continued)
2. UNFINISHED BUSINESS
(b) Correspondence dated October 13, 1998 from Cyril J. Demeyere Limited.
File: E08
98-823 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT the correspondence dated October 13, 1998 from Cyril J. Demeyere
Limited be received;
AND THAT the Cyril J. Demeyere Limited proposal for preparation of a detailed
property report for the Vienna, Straffordville and Eden Sewage Projects, dated
October 13, 1998, be approved, at a cost not to exceed$7,000. plus GST."
Disposition: Motion Carried
11. COMMITTEE OF THE WHOLE
98-824 Moved by D. Mason
Seconded by C. Evanitski
"THAT the Council do now rise to enter into an "In Camera" Session
of Committee of the Whole to discuss confidential property matters."
Disposition: Motion Carried Unanimously
98-825 Moved by J.Nezezon
Seconded by J. Petrie
"THAT the Committee of the Whole do now rise from the"In Camera" Session and
report."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Confidential Staff Report 98113 regarding a property matter.
File: P03
(b) Confidential Staff Report 98111 regarding a property matter.
File: A20.bay
98-826 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT Council hereby deems the following property as surplus to the needs of the
Municipality of Bayham:
• Plan 12 E Pt Lot 21 - #29 Wellington Street(former Library), subject to consultation
with the Ontario Provincial Police, and
• Plan 12 Pt lot 11 SE corner Chatham Street and County Road#42
AND THAT in accordance with By-law No. 98-63,Council directs Staff to retain the
services of Kim Husted Surveying to prepare a survey of the aforementioned properties not
already registered on title;
.....(continued)
COUNCIL MINUTES -363 - NOVEMBER 5, 1998
11. COMMITTEE OF THE WHOLE (continued)
1. CORRESPONDENCE&REPORTS
(b) (Resolution 98-826 continued)
AND FURTHER THAT Staff be directed to retain the services of Ron Phillips, a registered
member of the Appraisal Institute of Canada,for the appraisal of property described as:
• Plan 12 E Pt Lot 21 —#29 Wellington Street, subject to consultation with the Ontario
Provincial Police.
AND THAT upon receipt of the appraisal report for the aforementioned property, Council
will proceed with disposal by the method described as Option No. 1 in By-law 98-63:
AND THAT Council instructs Staff to proceed immediately with disposal of property
described as Plan 12 Pt lot 11 SE corner Chatham Street and County Road#42,by the
method described as Option No. 1 in By-law 98-63."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) No Items.
12. BY-LAWS
By-law 98-93 A By-law to authorize the Mayor and Clerk to sign an Agreement
with ProMow Lawn Services for Winter Control Maintenance
98-827 Moved by C. Evanitski
Seconded by J. Petrie
"THAT By-law 98-93 be read a first and second time."
Disposition: Motion Carried
98-828 Moved by J. Petrie
Seconded by D. Mason
"THAT By-law 98-93 be read a third time and finally passed."
Disposition: Motion Carried
By-law 98-94 A By-law to authorize the Mayor and Clerk to sign an Agreement
with ProMow Lawn Services for Night Patrols
98-829 Moved by C. Evanitski
Seconded by J. Petrie
"THAT By-law 98-94 be read a first and second time."
Disposition: Motion Carried Unanimously
98-830 Moved by J. Petrie
Seconded by D. Mason
"THAT By-law 98-94 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 364 - NOVEMBER 5, 1998
12. BY-LAWS (continued)
By-law 98—95 A By-law to confirm all actions of Council
98-831 Moved by J. Petrie
Seconded by C. Evanitski
"THAT By-law 98-95 be read a first and second time."
Disposition: Motion Carried Unanimously
98-832 Moved by D. Mason
Seconded by J.Petrie
"THAT By-law 98-95 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
98-833 Moved by C.Evanitski
Seconded by D. Mason
"THAT the Council Meeting be adjourned at 4:05 p.m."
Disposition: Motion Carried Unanimously
f 'l
MAYOR CLERK
Date approved: 1/ d i /15