HomeMy WebLinkAboutDecember 03, 1998 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O.Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,December 3, 1998
9:00 a.m.
The regular meeting of Council of the Municipality of Bayham was held at 9:00 a.m. on
Thursday, December 3, 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
Deputy Mayor Jack Petrie declared a pecuniary interest in Item 9.1(f) as a personal
matter.
3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES
Minutes of the Regular Meeting held November 19, 1998
98-860 Moved by J. Petrie
Seconded by C. Evanitski
"THAT the minutes of the regular meeting of the Municipality of Bayham held
November 19, 1998 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 10:00 a.m.—Aber Loewen,ratepayer,regarding proposed Exotic Animal Control By-
law.
Item 8.1(a)
(b) Maureen Beatty, Co-ordinator of Planning and Community Services,regarding
Item 6.1(a)
(c) Dwayne Daniel, Chief Building Official,regarding
Item 8.1(b) & 8.2(a)
(d) Ed Roloson,Wastewater/Water Works Superintendent,regarding Staff Report
98125.
Item 8.1 (a) & 10.1(d)
(e) 11:00 a.m. -John McCullough,AON Reed Stenhouse Inc. to make a presentation
regarding municipal insurance coverage proposal.
Item 9.1(h)
COUNCIL MINUTES - 377 - DECEMBER 3, 1998
4. DELEGATIONS (continued)
(f) 1:00 p.m. -Terry Patterson,Jardine OME Insurance Limited to make a presentation
regarding municipal insurance coverage proposal.
Item 9.1(i)
(g) 2:00 p.m. -Bryce Sibbick,Frank Cowan Insurance Company to make a presentation
regarding municipal insurance coverage proposal.
Item 9.1 (j)
5. INFORMATION ITEMS
98-861 Moved by C. Evanitski
Seconded by J. Petrie
"THAT Information Items 5(a) through 5(o) be received and filed."
Disposition: Motion Carried Unanimously
(a) Violet Brown correspondence dated November 17, 1998, in appreciation of the paving of
Victoria Street in Port Burwell. (Not copied)
File: M04
(b) County of Elgin memorandum dated November 19, 1998, advising the 1998 Warden's
Election will be held Tuesday December 8th at 7:00 p.m. in Council Chambers at 450
Sunset Drive, St. Thomas. The regular business meeting will be held Thursday
December 10th at 9:00 a.m. (Not copied)
File: A04
(c) Bayham Community Health Action Committee minutes of meeting held October 6, 1998.
File: C06
(d) Middlesex-Elgin Community Leaders' Letter,November—December edition.
File: A01
(e) Doris VanDenEeckhout, Port Burwell Public Library Supervisor correspondence dated
November 18, 1998, inviting Council members to the Official Open House on December
3rd, 3:30— 8:30 p.m. with ribbon cutting at 7:00 p.m. (Previously distributed).
File: A04
(f) Talisman Energy Inc. correspondence dated November 17, 1998 regarding the Open
House held in November in Vienna.
File: D
(g) Ministry of Solicitor General and Correctional Services correspondence dated November
25, 1998 regarding the Community Policing Partnerships (CPP)Program.
File: A16
(h) Employment Services Elgin invitation to Open House at 451 Talbot Street, St. Thomas
on December 1 1th, 1998, 11:00 a.m. —2:30 p.m. RSVP (Not copied)
File: A04
(i) Otter Valley Utility Corridor&Recreation Trail Committee, Board of Management
minutes of meeting held November 3, 1998
File: C06
(j) Ontario Good Roads Association Municipal Routes October 1998 edition.
File: A01
COUNCIL MINUTES - 378 - DECEMBER 3, 1998
5. INFORMATION ITEMS (continued)
(k) Bayham Community Policing Committee minutes of meeting held October 21, 1998.
File: C06
(1) Heart and Stroke Foundation of Ontario correspondence dated November 26, 1998
advising that Lottery License#P981747 has been issued authorizing conduct of a
province-wide charitable raffle to be held between February 25 and March 12, 1999.
(Not copied)
File: P09
(m) Long Point Region Conservation Authority minutes of meeting held November 4, 1998.
File: A16
(n) Peter North, M.P.P. Elgin correspondence dated November 24, 1998.
File: E01 &E08
(o) Education Improvement Commission correspondence dated November 19, 1998,and a
summary of A Report on the Role of School Councils, in English, French, Arabic,
Chinese, Italian, Portuguese, Somali, Spanish, Tamil and Vietnamese.
File: A01
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report 98121 regarding Road Allowance between Lots 10 & 11, Conc 3.
File: T9.1
98-862 Moved by D. Mason
Seconded by J. Petrie
"THAT Staff Report 98121 be received;
AND THAT the letter from Underhill Farms Limited dated November 13th, 1998 be
received;
AND THAT Underhill Farms Limited be granted permission to erect a fence along
a portion of the road allowance between Lots 10 and 11, Concession 3,with the
condition that a gate is installed to permit Ontario Hydro access for maintenance of
the existing hydro poles;
AND THAT in response to the request from Underhill Farms Limited to consider
the closure of the said road allowance and conveyance to each of the abutting
property owners, staff be directed to obtain a quotation from Kim!lusted
Surveying, discuss the total estimated cost of the proposed road closure with both
abutting property owners,Underhill Farms Limited and Jean & Annette
Chaleyssin, and to report back to Council on the matter."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) J. Bruce Gardner correspondence dated October 26, 1998, regarding the proposed
Elizabeth Street Subdivision Development Charges. Deferred from November 5, and 17,
1998.
File: D12
COUNCIL MINUTES - 379 - DECEMBER 3, 1998
7. ROADS, AGRICULTURE & DRAINAGE
1. CORRESPONDENCE& REPORTS
(a) Staff Report 98126 regarding Port Burwell streetlights.
File: T01
98-863 Moved by J. Petrie
Seconded by C. Evanitski
"THAT Staff Report 98126 be received;
AND THAT Staff be directed to proceed with arranging for the installation of
streetlights in the Village of Port Burwell as previously directed by Resolution No.
98-803."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
No Items.
8. PROPERTY,BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORTS
(a) Ontario Exotic Animal Association correspondence regarding Exotic Animal By-law 98-
90.
File A01
98-864 Moved by J.Nezezon
Seconded by J. Petrie
"THAT the Ontario Exotic Animal Association correspondence regarding Exotic
Animal By-law 98-90 be received;
AND THAT Staff be directed to prepare a report to reflect amendments to By-law
98-90, as discussed, for further review and consideration by Council prior to
enactment."
Disposition: Motion Carried Unanimously
(b) Building Permit Report for the month of November, 1998
File: P 10
98-865 Moved by J.Nezezon
Seconded by J. Petrie
"THAT the Building Permit Report for the month of November 1998, be received
for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 380 - DECEMBER 3, 1998
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(continued)
I. CORRESPONDENCE& REPORTS
(c) Staff Report 98127 regarding a property matter.
File: A
98-866 Moved by J. Petrie
Seconded by D. Mason
"THAT in accordance with Resolution No. 98-826, Council reiterates their position
that the former Port Burwell Library property at 29 Wellington Street is deemed to
be surplus to the needs of the Municipality;
AND THAT no fixtures currently affixed to the aforementioned property will be
sold or otherwise removed until such time as an appraisal has been conducted in
accordance with the By-law established for disposing of Municipal owned real estate
property, at which time further consideration will be given."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Chief Building Official, Dwayne Daniel provided a verbal update regarding price quotes
for installation of drywall on the Vienna Community Centre walls.
9. FINANCE, ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE& REPORTS
(a) Cheque Register for the period ending November 30, 1998,being cheques# 1388 to
# 1449 inclusive. Cash Requirement Report to December 20, 1998.
File: F10.3
98-867 Moved by J. Nezezon
Seconded by J. Petrie
"THAT the Cheque Register for the cheque numbers 1388 to 1449 inclusive, and the
Cash Requirements for the period ending December 20, 1998 be approved."
Disposition: Motion Carried Unanimously
(b) Terry and Gayle Simmons correspondence dated November 24, 1998, regarding the
contract for a Food Booth in Port Burwell.
File: L04
98-868 Moved by J.Nezezon
Seconded by J. Petrie
"THAT the Terry and Gayle Simmons correspondence dated November 24, 1998,
be received;
AND THAT the Council of the Municipality of Bayham is desirous of entering into
a lease agreement with Terry and Gayle Simmons,for the operation of a food booth
on the municipal owned property on the East Beach in Port Burwell;
..../continued
COUNCIL MINUTES - 381 - DECEMBER 3, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
L CORRESPONDENCE&REPORTS
(b) Resolution 98-868 (continued)
AND THAT By-law 98-100, being a by-law to authorize the Mayor and Clerk to
endorse a one-year Lease agreement with Terry and Gayle Simmons and repeal By-
law No.98-30 and attached agreement with Jack& Norma Vince, be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
(c) Employers' Advocacy Council correspondence dated November 17, 1998 regarding Bill
75 affecting volunteer fire fighters and ambulance brigade members.
File: A01
98-869 Moved by J. Petrie
Seconded by J. Nezezon
"THAT the Employers' Advocacy Council correspondence dated November 17,
1998 be received;
AND THAT the Council of the Municipality of Bayham hereby supports passage of
Bill 75, as initiated by Ted Arnott MPP for Wellington."
Disposition: Motion Carried Unanimously
(d) Rick Garrett, president Straffordville Fireman's Association, correspondence received
November 17, 1998, requesting waiver of Vienna Community Centre rental fee.
File: R05
98-870 Moved by J.Nezezon
Seconded by J. Petrie
"THAT the Rick Garrett correspondence received November 17, 1998, on behalf of
the Straffordville Fire Department,be received;
AND WHEREAS the Council of the Municipality of Bayham recognizes that the
fundraising efforts of the Volunteer Fire Fighters Association are for the benefit of
ratepayers and residents of the Municipality;
THEREFORE be it resolved that Council hereby authorizes that the
rental fee for use of the Vienna Community Centre by the Bayham Fire Fighters
Association, on March 27, 1999 be waived."
Disposition: Motion Carried Unanimously
(e) McCague Wires Peacock Borlack McInnis &Lloyd correspondence dated November 24,
1998.
File: L02
98-871 Moved by J. Nezezon
Seconded by C.Evanitski
"THAT the McCague Wires Peacock Borlack McInnis & Lloyd correspondence
dated November 24, 1998 be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 382 - DECEMBER 3, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
.l. CORRESPONDENCE& REPORTS
(I} Staff Report 98122 regarding a council member leave of absence.
File: C13
98-872 Moved by J. Nezezon
Seconded by C. Evanitski
"WHEREAS Deputy Mayor Jack Petrie has advised that he will be absent from
council duties for an extended period of time;
AND WHEREAS Section 38 (c) of the Municipal Act, RS.O., Chapter M.45, as
amended, states that 'the seat of a member of council becomes vacant if the member
is absent from the meetings of the council for three successive months without being
authorized so to do by a resolution of the council entered upon its minutes';
AND WHEREAS council is not desirous that the seat of Deputy Mayor be declared
vacant;
THEREFORE be it resolved that the Council of the Municipality of Bayham shall
consider granting an extended leave of absence to Deputy Mayor Jack Petrie, after
an absence of three months from the date of surgery."
Disposition: Motion Carried
(g) East Elgin Millenium Committee minutes of meeting held November 11, 1998.
File: C06
(h) AON Reed Stenhouse Inc. proposal to provide insurance coverage requirements for the
municipality..
File: F18
(i) Jardine OME Limited proposal to provide insurance coverage requirements for the
municipality.
File: F18
(j) Frank Cowan Company proposal to provide insurance coverage requirements for the
municipality.
File: F18
98-873 Moved by J.Nezezon
Seconded by C. Evanitski
"THAT the 1999 insurance coverage proposals submitted by AON Reed Stenhouse
Inc.,Jardine OME Limited, and Frank Cowan Company be received;
AND THAT Staff be directed to review the proposals and provide Council with a
recommendation for further consideration at the next meeting scheduled for
December 17, 1998."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 383 - DECEMBER 3, 1998
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
I. CORRESPONDENCE&REPORTS
(k) Canada Millennium Partnership Program, 2000 Canada Application Guide.
File: F 11
98-874 Moved by C. Evanitski
Seconded by J. Nezezon
"THAT the Canada Millenium Partnership Program 2000 Canada Application
Guide be received."
Disposition: Motion Carried Unanimously
(1) County of Elgin correspondence dated November 25, 1998 advising of support of the
Town of Richmond Hill resolution objecting to passing of Bill 79.
File: A16
98-875 Moved by J.Nezezon
Seconded by D. Mason
"THAT the County of Elgin correspondence dated November 25, 1998 be received;
AND THAT the Council of the Municipality of Bayham supports the resolution of
the Town of Richmond Hill objecting to the passing of Bill 79 which will curtail the
tax policy given to municipalities and nulifies the fair taxation promised for all of
Ontario;
AND THAT a copy of this resolution with the resolution enacted by the Town of
Richmond Hill be forwarded to the Premier of Ontario, Member of Provincial
Parliament,Association of Municipalities of Ontario,Federation of Canadian
Municipalities,Municipal Finance Officers Association, and Minister of Municipal
Affairs & Housing."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
98-876 Moved by J. Petrie
Seconded by D. Mason
"THAT Council authorizes the following staff to attend the Annual Roma
Conference,February 7—10, 1999:
• Lynn Buchner,Administrator/Treasurer."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 384 - DECEMBER 3, 1998
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Joan Wilder correspondence dated November 9, 1998,regarding water and sewer rates.
File: C13
98-877 Moved by D. Mason
Seconded by J. Petrie
"THAT the Joan Wilder correspondence dated November 9, 1998 be received for
information."
Disposition: Motion Carried Unanimously
(b) Christine S. Stewart,Federal Minister of the Environment correspondence dated
November 13, 1998,regarding Sulphur in Gasoline Regulations.
File: A16
98-878 Moved by J. Nezezon
Seconded by D. Mason
"THAT the Christine S. Stewart,Federal Ministry of the Environment
correspondence dated November 13, 1998 be received for information."
Disposition: Motion Carried Unanimously
(c) Cindy Stewart correspondence dated November 23, 1998, regarding local burning.
File: C13
98-879 Moved by D. Mason
Seconded by J. Petrie
"THAT the Cindy Stewart correspondence dated November 23, 1998 be
received for information;
AND THAT the concerns raised be acknowledged."
Disposition: Motion Carried Unanimously
(d) Staff Report 98125 regarding a waterline break at Valley Variety and at Plank Road,
Vienna(Elizabeth Muhlbock).
File: E08.
98-880 Moved by J. Petrie
Seconded by D. Mason
"THAT Staff Report 98125 regarding Municipal Water Line Breaks be received
for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 385 - DECEMBER 3, 1998
10. ENVIRONMENT (continued)
1. CORRESPONDENCE&REPORTS
(e) Ministry of Environment correspondence dated November 13, 1998,regarding Notice of
Transfer for the Elgin Area Primary Water Supply System and the Port Burwell Area
Secondary Water Supply System.
File: E08
98-881 Moved by D. Mason
Seconded by J. Petrie
"THAT the Ministry of the Environment correspondence dated November 13, 1998
regarding Notice of Transfer of the Elgin Area Primary Water Supply System and
the Port Burwell Area Secondary Water Supply System be received;
AND THAT further consideration for comment be deferred."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Verbal Staff Report regarding waste management contract.
MOTION TO EXTEND LENGTH OF MEETING
98-882 Moved by D. Mason
Seconded by J. Petrie
"THAT in accordance with Section 12 of Procedural By-law 98-02, Council shall
deal with business until 5:00 p.m. at its meeting of December 3, 1998."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
98-883 Moved by J. Petrie
Seconded by D. Mason
"THAT the Council do now rise to enter into an "In Camera" Session
of Committee of the Whole to discuss confidential personnel matters."
Disposition: Motion Carried Unanimously
98-884 Moved by D. Mason
Seconded by J. Petrie
"THAT the Committee of the Whole do now rise from the "In Camera" Session and
report."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 386 - DECEMBER 3, 1998
11. COMMITTEE OF THE WHOLE (continued)
L CORRESPONDENCE& REPORTS
(a) Confidential Staff Report 98123 regarding a personnel matter. (Sealed envelope.)
File: HO
(b) Confidential Staff Report 98124 regarding a personnel matter. (Sealed envelope.)
File: HO
98-885 Moved by J. Nezezon
Seconded by C. Evanitski
"THAT the Council of the Municipality of Bayham hereby approves paying
Christmas bonuses to staff for a total amount of$4,800.;
AND THAT the Administrator/Treasurer and the Road Superintendent be paid for
unused vacation credits for 1998 in accordance with Section 506 of the Municipal
Personnel Policy."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) No Items.
12. BY-LAWS
By-law 98 - 100 A By-law to authorize the Mayor and Clerk to endorse a Lease
Agreement for a Food Booth in Port Burwell with Terry and Gayle
Simmons
98-886 Moved by D. Mason
Seconded by J. Petrie
"THAT By-law 98-100 be read a first and second time."
Disposition: Motion Carried Unanimously
98-887 Moved by J. Petrie
Seconded by D. Mason
"THAT By-law 98-100 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 98-99 A By-law to confirm all actions of Council
98-888 Moved by J. Petrie
Seconded by D. Mason
"THAT By-law 98-99 be read a first and second time."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 387 - DECEMBER 3, 1998
12. BY-LAWS(continued)
98-889 Moved by D. Mason
Seconded by J. Petrie
"THAT By-law 98-99 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
98-890 Moved by J. Petrie
Seconded by D. Mason
"THAT the Council Meeting be adjourned at 4:52 p.m."
Disposition: Motion Carried Unanimously
1171 �. . . n
OR CLERK
Date approved: i /2/9 gi