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HomeMy WebLinkAboutJune 05, 2003 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O.Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,June 5, 2003 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held at 7:00 p.m. on Thursday, June 5, 2003 in Council Chambers. Present were Mayor Max Stewart, Deputy Mayor Lynn Acre, Councillors K.C. Emerson, Matt Schafer and Cliff Evanitski,Administrator Kyle Kruger and Deputy-Clerk Michael Graves. 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 K. C. Emerson declared an interest in Item 7 (b) and did not vote on this item. 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held May 15, 2003 2003-258 Moved by C. Evanitski Seconded by K.C. Emerson "THAT the minutes of the regular meeting of the Municipality of Bayham held May 15, 2003 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:00 p.m.—Les Trowsdale,Fire Marshall regarding Items 9.1 (g) & (h) 5. INFORMATION ITEMS 2003-259 Moved by M. Schafer Seconded by C. Evanitski "THAT Information Items 5(a)through 5(p) be received for information." Disposition: Motion Carried Unanimously (a) Straffordville Cemetery Board Spring Meeting minutes of meeting held May 29, 2003. File: C06 (b) Tillsonburg&District Multi-Service Centre correspondence dated May 9, 2003 regarding Municipality of Bayham grant of$1,000 for Adult Basic Literacy. File: A01 (c) Canada Mortgage and Housing Corporation correspondence regarding Affordable Housing through Partnerships. File: A01 COUNCIL MINUTES - 96 - June 5, 2003 5. INFORMATION ITEMS (continued) (d) The Hon. Norman W. Sterling Attorney General Minister Responsible for Native Affairs regarding the city of London's distribution of its share of revenue earned from Western Fair Racetrack Slots. File: A16 (e) Elgin St. Thomas Health Unit correspondence regarding correspondence sent to the province regarding West Nile Virus. File: A16 (f) The Municipality of Central Elgin Correspondence dated May 27a`, 2003 regarding composition of Police Services Board. (Lynn Acre wishes to put her name in for the Police Services Board). File: C10 (g) Hon. Gar Knutson M.P. Report from the Hill dated Spring 2003. File: A16 (h) AMO "Alert"correspondence dated May 23 &May 30, 2003 regarding"AMO Urges Municipal Action on Referendum Proposal", "Municipalities Must Keep The Pressure On" File: A01 (i) Long Point Region Conservation Authority—Memo dated May 27, 2003 regarding West Nile Virus Brochure File: A16 (j) Long Point Region Conservation Authority Minutes dated April 2, 2003. File: A16 (k) County of Elgin Correspondence dated May 15, 2003 regarding Appointments to the Elgin Group Police Services Board. File: A16 (1) Federation of Canadian Municipalities correspondence dated May 27, 2003 "Cleaning Up the Past, Building the Future: A National Brownfields Redevelopment Strategy for Canada File: A16 (m) Union Gas Correspondence received May 30, 2003 regarding application with Ontario Energy Board for 2004 rates and fees. File: A01 (n) The Elgin, Middlesex, Oxford Local Training Board"Dialogue" dated Spring 2003. File: A01 (o) Brian Coburn, Minister of Tourism and Recreation, Province of Ontario correspondence dated May 14, 2003 regarding Tourism and Investment Recovery Plan dealing with SARS outbreak File: Al6 (p) Minister of Citizenship, correspondence dated May 2003 regarding Senior of the Year 2003 Awards. File: M02 COUNCIL MINUTES - 97 - June 5,2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE AND REPORTS (a) By-law 2003- 55 being a by-law to authorize the agreement with C. Val Donnell for the provision of a Concession Food Booth at the East Beach in Port Burwell 2003-260 Moved by C. Evanitski Seconded by M. Schafer "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." Disposition; Motion Carried Unanimously 2. PUBLIC MEETING 1. Applications: (a) 7:30 p.m.—Comprehensive Zoning By-law Z456-2003 File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof 3. Staff Presentation Cumming Cockburn Report dated June 5, 2003 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2003-261 Moved by K.C. Emerson Seconded by C. Evanitski "THAT the Public Meeting be adjourned at 8:20 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2003-262 Moved by L. Acre Seconded by K.C. Emerson "THAT the Council of the Municipality of Bayham receive report of Cumming Cockburn dated June 5, 2003; AND THAT the Comprehensive Zoning By-law Number Z456-2003 for the Municipality of Bayham be deferred." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 98 - June 5, 2003 7. ROADS, AGRICULTURE & DRAINAGE (a) Staff Report regarding the Tile Drainage Borrowing By-law 2003-263 Moved by M. Schafer Seconded by K.C. Emerson "THAT By-law 2003-53, being a by-law to raise $250,000 to aid in the construction of drainage works under the Tile Drainage Act be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Staff Report DR2003-001 regarding Abandonment of Drainage Works Branch"B" of the Schonberger Drain. 2003-264 Moved by L. Acre Seconded by C. Evanitski "THAT Council acknowledge the request dated May 14th, 2003 from KC Emerson Enterprises Limited to abandon the "B" Branch of the Schonberger Municipal Drain, and staff be authorized to give notice under the provisions of the Drainage Act." Disposition: Motion Carried 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE AND REPORTS (a) Building Permit Report for May 2003. 2003-265 Moved by C. Evanitski Seconded by M. Schafer "THAT the Building Permit Report for May 2003 be received for information." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 2003-266 Moved by M. Schafer Seconded by C. Evanitski "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Municipal Act." Disposition: Motion Carried Unanimously 1. Applications: (a) 8:00 p.m.—Swimming Pool By-law#2003-044 (b) 8:15 p.m. Sign By-law#2003-019 2. Declaration of Pecuniary Interest and the General Nature Thereof COUNCIL MINUTES - 99 - June 5,2003 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (continued) 2. PUBLIC MEETING 3 Staff Presentations 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2003-266 Moved by C. Evanitski Seconded by K.C. Emerson "THAT the Public Meeting be adjourned at 9:35 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2003-267 Moved by L. Acre Seconded by K.C. Emerson "THAT the by-law 2003-044 be deferred." Disposition: Motion Carried Unanimously 2003-268 Moved by L. Acre Seconded by K.C. Emerson "THAT the by-law 2003-019 be deferred." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#6125 to Cheque# 6225 inclusive, except cheque 6198 totaling $145,314.45, Cash Requirements for the period ending June 20/03 and Payroll Disbursements for the period ending May 14 & 28, 2003 totaling$40,844.37. 2003-269 Moved by M. Schafer Seconded by C. Evanitski Cheque Register being Cheque# 6125 to Cheque# 6225 inclusive, except cheque 6198 totaling$145,314.45, Cash Requirements for the period ending June 20/03 and Payroll Disbursements for the period ending May 14 & 28,2003 totaling$40,844.37. Disposition: Motion Carried Unanimously COUNCIL MINUTES - 100 - June 5,2003 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (b) Staff Report F2003-13 regarding Water& Sewer By-law File: C12 2003-270 Moved by K.C. Emerson Seconded by M. Schafer THAT staff be directed to determine appropriate connection charges as outlined in this report, prepare the requisite public notification, and present the recommended charges and associated by-laws to council for consideration. Disposition: Motion Carried Unanimously (c) Staff Memorandum regarding Nurse Practitioner Application for Funding. File: CO1 (d) Staff Report PR2003-004 regarding Harbour Facilities 2003. File: F11 2003-271 Moved by M. Schafer Seconded by K.C. Emerson "THAT By-law No. 2003-050 to authorize an agreement with Ron Bradfield, Bradcranex Inc. to operate the municipal Black Docks, boat launch, and finger docks for 2003 be presented to Council for enactment." Disposition: Motion Carried Unanimously (e) Staff Report P2003-002 regarding Agreement to Issue Parking Tickets on County Roads. File: L04 2003-272 Moved by K.C. Emerson Seconded by L. Acre That the agreement with the County of Elgin to administer Parking Tickets as attached to report P2003-002 be presented to Council for enactment. Disposition: Motion Carried Unanimously (f) Staff Memorandum dated May 26, 2003 regarding Non-Union Personnel Policy. 2003-273 Moved by L. Acre Seconded by K. C. Emerson "That By-law 2003-049 be brought forward for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 101 - June 5, 2003 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (g) Office of Fire Marshall Report regarding Municipality of Bayham Administrative Review. 2003-274 Moved by K.C. Emerson Seconded by M. Schafer "That the Report regarding Municipality of Bayham Administrative Review by the Office of the Fire Marshall be received for information and referred to staff for further report." Disposition: Motion Carried Unanimously (h) Office of Fire Marshall Report regarding Municipal Fire Protection Information Survey (to be circulated). 2003-275 Moved by M. Schafer Seconded by K. C. Emerson "That the Report regarding Municipal Fire Protection Information Survey from the Office of the Fire Marshall be received for information." Disposition: Motion Carried Unanimously (i) By-law 2002-075 being a By-law to authorize the execution of a lease agreement with the Eden and Area Community Centre. 2003-276 Moved by L. Acre Seconded by C. Evanitski "That by-law 2002-075 be brought forward for enactment." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Staff Report PW2003-004 regarding Klassen Contract—Landscape Services. File: E05 2003-277 Moved by K.C. Emerson Seconded by C. Evanitski THAT Council authorize execution of a contract agreement with John and Susan Loewen (operating as Loewen's Lawn Care) for Landscape services for municipal properties currently maintained by Herman Klassen, for the year 2003, and that the necessary by-law be presented to Council for enactment. Disposition: Motion Carried Unanimously COUNCIL MINUTES - 102 - June 5, 2003 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS 2003-278 Moved by M. Schafer Seconded by K.C. Emerson "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 2003-279 Moved by C. Evanitski Seconded by M. Schafer "THAT the Committee of the Whole do now rise from the "In Camera" Session." Disposition: Motion Carried Unanimously (a) Verbal Report regarding legal matter 2003-281 Moved by M. Schafer Seconded by K.C. Emerson "That staff be directed to send a letter to the Ministry of Environment requesting them to eliminate any storage and spreading of biosolids at the Rycquart Farm since their Certificate of Approval expired May 26, 2003, and that Council strongly encourages the Ministry of Environment not approve any further Certificate of Approval." Disposition: Motion Carried Unanimously 12. BY-LAWS By-law 2003 —44 A By-law for regulating the construction& fencing of Swimming Pools (deferred) By-law 2003 - 019 A By-law for prohibiting and regulating the erection of signs & other advertising devices (deferred) By-law 2003 —051 A By-law to authorize the execution of an agreement between the Municipality and John and Susan Loewen(o/a Loewen's Lawn Care) for the provision of landscape services By-law 2003-050 A By-law to authorize agreement with Bradcranex (Boat Docks) By-law 2003-052 A By-law to authorize the agreement between the Municipality of Bayham and County of Elgin (Parking Tickets) By-law 2003-053 A By-law to raise $250,000 to aid in the construction of drainage works under the Tile Drainage Act. By-law 2002-075 A By-law to authorize the execution of a lease agreement with the Eden and Area Community Centre By-law 2003-049 A By-law to amend By-law 2002-98 (Personnel Policy) By-law 2003-055 A By-law to authorize an agreement with Val Donnell (Concession Food Booth) COUNCIL MINUTES - 103 - June 5, 2003 12. BY-LAWS (continued) 2003-282 Moved by L. Acre Seconded by K.C. Emerson "THAT By-laws 2003-051, 2003-050,2003-052,2003-053,2002-075, 2003-049 and 2003-055 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously By-law Z456-2003 Comprehensive Zoning By-law(deferred) By-law 2003 —054 A By-law to confirm all actions of Council 2003-283 Moved by L. Acre Seconded by C. Evanitski "THAT confirming By-law 2003-054 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2003-284 Moved by C. Evanitski Seconded by K.C. Emerson "THAT the meeting be adjourned at 10:50 p.m." Disposition: Motion Carried Unanimously MAYOR DEPUTY- CLERK Date Approved: