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HomeMy WebLinkAboutOctober 04, 2003 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, September 4,2003 6:00 & 7:30 p.m. - Public Meetings (Planning) 8:00 p.m. -Public Meeting (Drainage) The regular meeting of the Council of the Municipality of Bayham was held beginning at 6:00 p.m. on Thursday, September 4, 2003 in Council Chambers. Present were Deputy Mayor Lynn Acre, Councillors K.C. Emerson, Mathew Schafer and Cliff Evanitski, Administrator Kyle Kruger and Clerk Lynda Millard. Mayor Max Stewart was absent. The Public Works Superintendent Bob Bartlett and Water/Wasterwater Superintendent Ed Roloson were in attendance to present their respective reports. William Poi, Planning Consultant, Cumming Cockburn Ltd. was in attendance regarding the Planning and Public Meeting items. Members of the public attending the Public meetings are as follows: Planning#1 —Tony Csinos, Lynn Underhill, Butch Underhill, Jamie Underhill, Harris Teall, John Nezezon, David McCord, Jim Wilgar,Eldon Walcarius, Ken Wall, Jay Wilgar, Ted Woon. Planning#2—Patricia Nemeth, Jan Ebert, Sue Thurston, Joanne Davis. Drainage—Abraham Peters Note: Agenda items were not addressed in chronological order, however are so recorded for ease of reference. 1. CALL TO ORDER Deputy Mayor Lynn Acre called the meeting to order at 7:05 p.m. 1 DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Schafer declared an interest in Item 7.1(a) as he is one of the applicants and did not participate nor vote on this matter. 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held August 7, 2003 2003-387 Moved by M. Schafer Seconded by K.C. Emerson "THAT the minutes of the regular meeting of the Municipality of Bayham held August 7,2003 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS 7:15 p.m.—Bob Habkirk, Mayor, Town of Aylmer,John Wilson,Mayor Township of Malahide and Gary Nadalin,Fundraising Campaign Director were in attendance to make a presentation and request for support regarding the East Elgin Community Complex project in Aylmer. Item 6.1(b) COUNCIL MINUTES - 141 - September 4, 2003 5. INFORMATION ITEMS 2003-388 Moved by K. C. Emerson Seconded by M. Schafer "THAT Information Items 5(a)through 5(h) be received for information." Disposition: Motion Carried Unanimously (a) Elgin Group Police Services Board minutes of meeting held July 22, 2003 and Detachment Commander's Report for the month of June, 2003. File: C06/P17 (b) Port Burwell Marine Museum minutes of July 8th and draft minutes of August 12th meetings. File: C06 (c) Minister of Citizenship and Immigration correspondence dated August 11, 2003 regarding Canada's Citizenship Week October 13— 19. File: A16 (d) AMO correspondence dated August 27, 2003 regarding"AMO Pleased Province Will Provide Blackout Assistance to Municipalities " File: A01 (e) Bayham Community Health Action Committee draft minutes of meeting held July 28, 2003. File: C06 (I) Correspondence dated August 25, 2003 from Steve Peters, M.P.P., Elgin-Middlesex- London responding to municipal concerns regarding the Blue Box Funding Program. File: A16 (g) Ministry of Municipal Affairs News Release dated August 29, 2003 regarding 2004 Rent Increase Guideline Released. File: A16 (h) Draft minutes of the Edison Museum of Vienna Board meeting held August 5, 2003. File: C06 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE AND REPORTS (a) Staff Report D2003-38 regarding Rail Lands Fencing. File: D06 2003-389 Moved by K. C. Emerson Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham receive Report D2003-38; AND THAT Council direct Staff to proceed to install farm fence in the seven locations identified in Report D2003-38 using the lowest confirmed price from VanRybroeck Windows and Siding or Royal Fence." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 142 - September 4, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 1. CORRESPONDENCE AND REPORTS (b) Aylmer—East Elgin Community Complex Project information. File: Al 6 2003-390 Moved by K. C. Emerson Seconded by C. Evanitski "THAT the information regarding the East Elgin Community Complex Project be received for information." Disposition: Motion Carried Unanimously (c) Report regarding Land Division Committee Severance Application#E85/03 submitted by Jammie Underhill. File: D10 2003-391 Moved by C. Evanitski Seconded by K. C. Emerson "THAT the Council of the Municipality of Bayham recommend to the County of Elgin Land Division Committee that severance application E85/03 submitted by Jammie Underhill be approved, subject to: • the applicant providing proof that the dwelling has been rendered surplus as a result of farm consolidation; • the retained agricultural lands will be consolidated and comprise a minimum of 20 hectares in the same name and title; • the severed parcel being rezoned to the Rural Residential designation; • the retained parcel be rezoned to Special Agriculture; and ▪ payment of$500 cash in lieu of parkland dedication to the Municipality of Bayham." Disposition: Motion Carried Unanimously (d) Report regarding Land Division Committee Severance Application#E88/03 submitted by Randall and Deborah Pettigrew. File: D10 2003-392 Moved by C. Evanitski Seconded by K. C. Emerson "THAT the Council of the Municipality of Bayham recommend to the County of Elgin Land Division Committee that severance application E88/03 submitted by Randall and Deborah Pettigrew be approved, subject to: • the severed parcel be rezoned to remove the holding symbol designation; • payment of$500 cash in lieu of parkland dedication to the Municipality of Bayham." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 143 - September 4, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) L CORRESPONDENCE AND REPORTS (e) Report regarding Land Division Committee Severance Application#E89/03 submitted by Randall and Deborah Pettigrew. File: D10 2003-393 Moved by C. Evanitski Seconded by K. C. Emerson "THAT the Council of the Municipality of Bayham recommend to the County of Elgin Land Division Committee that severance application E89/03 submitted by Randall and Deborah Pettigrew be approved, subject to: ■ the severed parcel be rezoned to remove the holding symbol designation; • payment of$500 cash in lieu of parkland dedication to the Municipality of Bayham." Disposition: Motion Carried Unanimously (f) Report regarding Land Division Committee Severance Application#90/03 submitted by Randall and Deborah Pettigrew. File: 1310 2003-394 Moved by C. Evanitski Seconded by K. C. Emerson "THAT the Council of the Municipality of Bayham recommend to the County of Elgin Land Division Committee that severance application E90/03 submitted by Randall and Deborah Pettigrew be approved, subject to: • the severed parcel be rezoned to remove the holding symbol designation; a payment of$500 cash in lieu of parkland dedication to the Municipality of Bayham." Disposition: Motion Carried Unanimously (g) Report regarding Land Division Committee Severance Application#E92/03 submitted by Joseph S. VanderLoo. File: D10 2003-395 Moved by C. Evanitski Seconded by K. C. Emerson "THAT the Council of the Municipality of Bayham recommend to the County of Elgin Land Division Committee that severance application E92/03 submitted by Joseph S. Vanderloo be approved, subject to: ■ the severed parcel being merged on title with the property to the north and east on John Street currently owned by Tim and Agnes Carroll." Disposition: Motion Carried Unanimously (h) Verbal Report regarding the OMB hearing concerning the Comprehensive Zoning By-law Z456-2003. The Administrator advised that the Ministry of Municipal Affairs and Housing had made an additional request for changes and that an Order would be forthcoming. He noted that the new comprehensive zoning by-law would be in effect except for any properties under the Al or A2 designation. The Al and A2 designated properties would still be subject to By-law 2387 until the appeal is heard and a decision made. COUNCIL MINUTES . 144 - September 4, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 2. UNFEVISHED BUSINESS (a) Official Plan Amendment Application to change the designation on a parcel of land comprising 20.6 hectares (51.09 acres) situated on the south side of Ottergate Line, east of Culloden Road in North Gore,Part Lot 6,being Part 1 on reference plan 11R-7240 in the Municipality of Bayham from Agricultural to Site Specific Agricultural submitted by Rick and Nell Haayema. (deferred from July 17th meeting) File: D09 3. PUBLIC MEETINGS 2003-396 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 1.(a) 6:00 p.m -Application: Proposed Official Plan and Zoning By-law amendments to add policies and regulations to effectively accommodate and ensure the orderly development of facilities to produce electricity from alternative energy resources,most notably wind turbines within the Municipality of Bayham. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Presentation (a) Staff Report D2003-40 regarding Wind Power Planning. File: D09/D14 William Pol, Planning Consultant, Cumming Cockburn Ltd. outlined the purpose of the meeting being to consider amendments to the Municipal Official Plan and comprehensive zoning by-law to allow the placement of wind towers for the generation of electrical power. He noted that normally towers would be placed 500 to 1,000 metres from the lake shoreline. He noted that the towers, subject of recent discussion, are 113 metres (300 to 350 feet) in height, being about three times the height of the local water tower on Nova Scotia Line. He noted that there is only a small impact to the ground area. The blades(3) are each 36 to 40 metres long and turn into the wind. Proposed set backs are based on 1.25 times the height of the turbines, allowing smaller ones to be placed closer to the road than larger ones Mr. Pol noted that the Provincial Policy Statements require that crop and livestock operations be allowed to continue. There is no affect on ground or surface conditions. The proposed Official Plan policies support use of wind as a source of power on agricultural lands in Bayham. The criteria for development include consideration of noise,visual impact, environmental hazards(slopes and proximity to lake) and airport and telecommunications impact, and require a site specific zoning amendment to permit wind farms. A site plan agreement with the Municipality would also be required for wind farms to address concerns regarding drainage, access, removal and restoration at end of use. COUNCIL MINUTES - 145 - September 4,2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 3. PUBLIC MEETINGS The new Zone proposal to be created in the zoning by-law would enable a developer to apply to establish a wind farm on a section of properties in one application rather than an individually owned property. 4. Public Comments Tony Csinos provided a handout to Council outlining his presentation. He stated that he is not opposed to proposed development, however questioned the blanket application covering the entire municipality when it appears that the development is proposed to be along the lake shoreline only. Mr. Csinos noted that lands were being leased,however individual owners would have to apply for the zone change. He asked what zoning would be applied to the towers, stating that they do not have anything to do with agriculture—would this open the door for other agriculture related business to seek a special agricultural zoning and possible opportunity for reduced taxes? He questioned protection of neighbouring owner's rights,property and assessment values, noise or other nuisance factors, affect on weather patterns or crops. In closing he suggested a delay of sixty days in order to provide notice to individual property owners, weather consultants, crop specialists,noise verification and real estate representatives and others familiar with windmill factories to invite their participation and comments regarding the proposals. Mr. Poi advised that individual property owners would provide authority when an rezoning application is submitted. He suggested that an application may cover several properties in an area, however, since the properties would be leased,permission to apply would have to be given by each owner for property covered in the submission. A direct mailing to these owners should be done at that time. David McCord of Port Burwell questioned the setback distances from secondary roads and suggested a reduction would create less of an impact on agriculture for maintenance and service access. Mr. Poi'noted that the setbacks are based on road allowance widths, and are not based on status or traffic. He added that the setback is to prevent obstruction of sight lines and to allow for maneuverability of the turbines. Mr. McCord noted that the Bruce Nuclear Plant and the Toronto Convention Centre are no more than 50 metres from a paved road. Mr. Pol noted that this could be addressed upon individual application. Eldon Walcarius questioned the ability for placement where the setbacks were too great for narrow properties. Mr. Pol replied that the set back distance is measured from the zone line not the individual property lines. D.McCord questioned the opportunity for adjustment to accommodate if permission granted by neighbour. Mr. Pol replied that, with the owners consent, the windmill blades may cross over property lines. There is flexibility for developers and owners. Ted Woon questioned the noise levels,how close and how many would be placed and consideration of other styles of wind generators that would pertain to this application. COUNCIL MINUTES - 146 - September 4, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 3. PUBLIC MEETINGS Mr. Pol responded that there would be 300 metres from the base of the turbine to the nearest residential building outside the zone. He added that a noise level of up to 45 decibels is required outside or 40 inside a living room for a normal conversation without disturbance. The normal noise level outside on a quiet street is 50 decibels. He noted that the industry is installing larger and higher turbines with different beater designs. He suggested that the number of turbines placed in any area could be from five to fifty per farm depending on the topography of the land and any unique characteristics of the site. Jay Wigar, Aim PowerGen commented that towers out west were smaller, however locally they would be well-spaced, not clustered to minimize impact. Ken Wall, Norfolk County expressed this as an opportunity to harness wind energy and an economic advantage to generate clean electric power. He also indicated that reduced set back requirements should have less impact on agricultural activities. 5. Council Comments and Questions Councilor Evanitski questioned the resale value of land and how it would affect an existing agreement. Mr. Pol replied that any agreement should be registered on property title and that a buyer should determine if the land is zoned to accommodate wind turbines prior to purchase. Councillor Emerson suggested that Council take time to consider the impact based on questions and comments presented. Councillor Evanitski questioned why the entire area from the lake to the north of the municipality needs to be included, is it necessary to install many to be cost effective? Councillor Schafer suggested support for the Official Plan amendment only and defer the rezoning. Councillor Evanitski expressed confusion over reference to zone area and individual properties,noting that each owner has a different situation. He suggested deferral for further review. Councillor Schafer commented that the comprehensive zoning by-law indicate general area and set back policy rather than individual situations. Councillor Emerson suggested deferral rather than adopt and continually be making amendments. 6. Adjournment 2003-397 Moved by C. Evanitski Seconded by K. C. Emerson "THAT the Public Meeting be adjourned at 7:14 p.m." Disposition: Motion Carried Unanimously Z Disposition of Item 2003-398 Moved by M. Schafer Seconded by C. Evanitski "THAT the Council of the Municipality of Baybam defer Report D2003-40." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 147 - September 4,2003 3. PUBLIC MEETINGS 2003-399 Moved by M. Schafer Seconded by K. C. Emerson "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 1.(b) 7:30 p.m -Applications: Application to change zoning on a parcel of land being approximately 39 hectares(97 acres) situated on the north side of Calton Line, east of Toll Gate Road in Part of Lot 26, Concession 5 from Agricultural(Al) to Special Agricultural (A2) and to change zoning on a 0.4 hectares(1 acre)parcel from the same property from Agricultural(Al)to Rural Residential(RR)zone submitted by Dan and Tina Froese. 1.(c) Application to change the designation on a parcel of land comprising approximately 0.6 hectares(1.51 acres) situated on the west side of Plank Road, south of Main Street in Straffordville being Part 3 on ReferencePlan 11R-1109 from Village Commercial to Village Industrial in the Official Plan and to change zoning from Central Business District (C1)to Urban Industrial(M4)in the Comprehensive Zoning By-law Z456-2003 submitted on behalf of Fabco. 2. Declaration of Pecuniary Interest and the General Nature Thereof (b) None (c) None 3. Staff Presentation (b) Staff Report D2003-41 File: D10/D14 (c) William Pol, Cumming Cockburn Ltd. Memorandum dated August 22, 2003 File: D091D 14 Mr. Pol advised that the application provides that rezoning from Commercial to Industrial at 9177 Plank Road, Straffordville allows the inside of the existing building to be used for industrial purposes including a welding shop, and that any outside storage would be screened from view. He suggested that a site plan agreement with the municipality would enable concerns to be addressed. 4. Public Comments (b) None (c) John Rutkauskas raised potential safety and lire concerns within the building. He suggested that the building is deteriorating, the outside areas are not maintained, extended hours of operation exist, noise levels, air quality and fire standards are not met, there is no air conditioning or ventilation. Mr. Pol advised that the zoning by-law does not regulate hours of operation and that the building code is used to regulate building standards. He suggested that under the Municipal Act Council can address noise issues. Mr. Rutkauskas added that there are people currently living in the building, on site sandblasting is done and that the property is located across from school property creating additional traffic, health and safety concerns. He suggested the proposed operation can be accommodated on other already existing Industrial zoned property. COUNCIL MINUTES - 148 - September 4, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 3. PUBLIC MEETINGS (c) Mr. Poi replied he can only address zoning matters not fire, environment or building code issues. Joshua Phillips, co-owner of Fabco, advised that only light industrial activities not stamping gauge nor plate metal are proposed. He noted that ventilation and air conditioning, a lunch room and inside and outside upgrades are planned. Neither large items nor transport truck use are proposed. There are no additional building plans at this time and that the school buses would be welcome to continue parking. Bill Babcock, co-owner of Fabco, suggested that there are currently two entrances to prevent any traffic problems. Jan Ebert 55541 Main Street questioned the continuance of sandblasting at this site. She requested cleanup of tires and the site. Joanne Davis also raised concerns about sandblasting, car repairs and transport traffic. A letter dated August 20, 2003 regarding this matter, and signed by nine residents raised objections citing heavier traffic, odd hours of operation, and potential danger to school children had been received on August 25th 5. Council Comments and Questions (b) None (c) Councillor Emerson questioned how many trucks would attend on a weekly basis and was advised that there would be about four incoming and eight to ten outgoing. Deputy Mayor Acre asked how many people are employed by the company. Mr. Babcock responded that there are currently five local employees working from 8:00 a.m. to 5:00 p.m. Councillor Schafer noted that one residence is permitted in the current Commercial zoning. Mr. Babcock advised that the current residential occupants will be required to leave and that there would be no sandblasting being done. Councillor Evanitski suggested that previous experience in Eden and Corinth has demonstrated that small businesses establishing in residential areas sometimes become very successful resulting in compatibility issues. He added that he supports local business. He also noted that, following a very lengthy consideration process, a new Official Plan had finally been adopted and suggested placement in an already approved designated area would be more appropriate. 6. Adjournment 2003-400 Moved by C. Evanitski Seconded by M. Schafer "THAT the Public Meeting be adjourned at 8:35 p.m." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 149_ September 4, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM (continued) 3. PUBLIC MEETINGS 7. Disposition of Items (b) 2003-401 Moved by C. Evanitski Seconded by M. Schafer "THAT the Council of the Municipality of Bayham receive report D2003-41; AND THAT Council approve the rezoning of Part of Lot 26, Concession 5, and that zoning by-law Z461-2003 be brought forward for approvaL" Disposition: Motion Carried Unanimously (c) 2003-402 Moved by K. C. Emerson Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham defer the Cumming Cockburn Ltd. Memorandum dated August 22, 2003; Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE AND REPORTS (a) Correspondence dated August 26, 2003 from Matt and Anna Schafer requesting closure of a road allowance. File: C13/T09 2003-403 Moved by C. Evanitski Seconded by K. C. Emerson "THAT the correspondence dated August 26, 2003 from Matt and Anna Schafer be received; AND THAT the matter be referred to Staff for review and report back to Council." Disposition: Motion Carried (b) Staff Report PW2003- 008 regarding Public Works Activities for July&August. File: T06 2003-404 Moved by M. Schafer Seconded by C. Evanitski "THAT Staff Report PW2003-008 regarding Public Works activities for the months of July and August be received; AND THAT the quote in the amount of$31,114.40 from DeGroote-Hill GMC, Tillsonburg for a 2004, 4X4 Pickup Truck be accepted; AND THAT Staff be directed to proceed with ordering the vehicle." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 150- September 4,2003 7. ROADS, AGRICULTURE & DRAINAGE (continued) 2. PUBLIC MEETING 2003-405 Moved by K. C. Emerson Seconded by C. Evanitski "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously 1.(a) Application: Proposed Peters Drainage Works serving parts of lots 5 and 6, Concessions 8 and 9 in the Municipality of Bayham. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff/Engineer Presentation (a) Staff Report DR2003-005 was presented by Dwayne Daniel, Drainage Inspector. Engineer's Report 202305 dated July 21, 2003 prepared by Spriet Associates was presented by John Spriet (the younger). 4. Public Comments None S. Council Comments and Questions None 6. Adjournment 2003-406 Moved by C. Evanitski Seconded by M. Schafer "THAT the Public Meeting be adjourned at 8:45 p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2003-407 Moved by M. Schafer Seconded by C. Evanitski "That in accordance with Chapter 14, Sections 44 to 46 of the Drainage Act,the Council of the Corporation of the Municipality of Bayham hereby adopts the report No. 202305 dated July 21, 2003 as prepared by Spriet Associates, and referred to as the"Peters Drain"; AND THAT Provisional By-law No. 2003-071 be given first and second reading; AND THAT a date of October 2,2003 at 8:00 p.m. be set for the first sitting of the Court of Revision; AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties, pursuant to provisions of the Drainage Act." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 151 - September 4,2003 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE AND REPORTS (a) Building Report for the months of July and August 2003. P10 2003-408 Moved by K.C. Emerson Seconded by M. Schafer "THAT the Building Permit Report for the months of July and August,2003 be received for information." Disposition: Motion Carried Unanimously (b) Staff Report D2003-39 regarding Rail Lands Leases. File: D06/L04 2003-409 Moved by M. Schafer Seconded by K.C. Emerson "THAT the Council of the Municipality of Bayham receive report D2003-39; AND THAT By-laws 2003-075,2003-076 and 2003-077, being by-laws to authorize the Mayor and Clerk to execute lease agreements with Wayne and Sandra Casier, John and Margaret Froese and Max Underhill's Farm Supply Ltd., respectively, be presented to Council for enactment" Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register being Cheque# 6634 to Cheque# 6719 inclusive, except cheque#s 6639 and#6651 —6655,totaling$156,608.65 and Payroll Disbursements for the period ending August 6 and 20, 2003 totaling $85,544.29. 2003-410 Moved by K.C. Emerson Seconded by M. Schafer "THAT the Cheque Register being Cheque# 6634 to Cheque# 6719 inclusive, except cheques#s 6639 and 6651 to 6655, totaling $156,608.65 and Payroll Disbursements for the periods ending August 6 and 20,2003 totaling$85,544.29 be approved." Disposition: Motion Carried Unanimously (b) Correspondence dated August 1, 2003 from the Port Burwell Community Childcare Centre requesting a Charitable Tax Rebate for 2002 and 2003. File: C13 COUNCIL MINUTES • 152- September 4,2003 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) L CORRESPONDENCE&REPORTS 2003-411 Moved by M. Schafer Seconded by K.C. Emerson "THAT the correspondence dated August I, 2003 from the Port Burwell Community Childcare Centre be received; AND THAT Council approves the request for a Charitable Tax Rebate for 2002 in the amount of$ 0, and for 2003 in the amount of$ 422.21." Disposition: Motion Carried Unanimously (c) Staff Report H2003-003 regarding Employee Benefit Carriers 2003/2004. File: H08 2003-412 Moved by C. Evanitski Seconded by M. Schafer "THAT Staff Report 112003-003 be received; AND THAT Council approve the employee benefits carriers for 2003/2004 as recommended by Buffett Taylor & Associates Ltd. July 30, 2003, effective September 1", 2003." Disposition: Motion Carried Unanimously (d) Correspondence from Michael Graves dated August 11, 2003 advising of resignation from his position with the municipality. File: H03 2003-413 Moved by M. Schafer Seconded by K.C. Emerson "THAT the correspondence from Michael Graves dated August 11, 2003 advising of his resignation as Planning Co-ordinator/Deputy Clerk be accepted; AND THAT By-law 2003-070, being a by-law to appoint Deputy Clerks, be presented to Council for enactment." Disposition: Motion Carried Unanimously 2003-414 Moved by K.C. Emerson Seconded by M. Schafer "THAT Council authorize the utilization of the services of Cumming Cockburn on a one day a week basis in regard to planning matters, on a temporary basis." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 153 - September 4,2003 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) 1. CORRESPONDENCE&REPORTS (e) Staff Report C2003-12 regarding Municipal Election 2003 Advance Voting Dates. File: C07 2003-415 Moved by K.C. Emerson Seconded by M. Schafer "THAT Staff report C2003-12 regarding the 2003 Municipal Election be received; AND THAT By-law 2003-069, being a by-law to provide for advance votes to be held prior to voting day, be presented to Council for enactment." Disposition: Motion Carried Unanimously (f) Staff Report C2003-13 regarding Potential Funding Opportunity. File: Fl1 2003-416 Moved by K.C. Emerson Seconded by M. Schafer "THAT Staff Report C2003-13 be received; AND THAT Staff be directed to make arrangements for a meeting between Council, members of the Port Burwell Marine Museum Committee, the Port Burwell Historical Society, the Edison Museum of Vienna Board, the Bayham Historical Society,the Bayham Economic Development and Tourism Committee and the County of Elgin Archivist with representatives of the Ontario Trillium Foundation on Tuesday, September 30th at 7:00 p.m." Disposition: Motion Carried Unanimously (g) Draft minutes of the Bayham Community Centres Committee meeting held August 28, 2003. File: C06 2003-417 Moved by C. Evanitski Seconded by K.C. Emerson "THAT the draft minutes of the Community Centres Committee meeting held August 28, 2003 be received; AND THAT Council does not support a rental fee reduction for use of the Straffordville Community Centre requested by the Class of 1983 Organization Committee." Disposition: Motion Carried Unanimously (h) Correspondence dated August 25, 2003 from the Canadian Cancer Society notifying of the issue of Provincial Lottery License#P031411 for the sale of raffle lottery tickets. File: P11 COUNCIL MINUTES - 154 September 4, 2003 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) I. CORRESPONDENCE&REPORTS 2003-418 Moved by K.C. Emerson Seconded by C. Evanitski "THAT the correspondence dated August 25, 2003 from the Canadian Cancer Society be received; AND THAT the Council of the Municipality of Bayham supports the sale of raffle tickets in the municipality under Provincial Lottery License#P031411." Disposition: Motion Carried Unanimously (i) Draft minutes of the Community Policing&Neighbourhood Watch Committee meeting held August 20, 2003. (Item under New Business requires Council's consideration). File: C06 2003-419 Moved by K.C. Emerson Seconded by C. Evanitski "THAT the Bayham Community Policing & Neighbourhood Watch Committee draft minutes of the meeting held August 20,2003 be received; AND THAT Council consider the request to provide$ 900 I year for one year lease of an OPP computer,along with its licensing, programs and maintenance for the Bayham Community Policing sub-office in Port Burwell during the 2004 budget discussions." Disposition: Motion Carried Unanimously 10. ENVIRONMENT Y. CORRESPONDENCE&REPORTS (a) Port Burwell Secondary and Bayham Water Distribution Systems quarterly reports for the period ending June 30, 2003 and the Performance Assessment Report- Wastewater Treatment Plant for the period encting July 2003. File: E05 2003-420 Moved by K.C. Emerson Seconded by C. Evanitski "THAT the Port Burwell Secondary and Bayham Water Distribution Systems quarterly reports for the period ending June 30,2003 and the Performance Assessment Report- Wastewater Treatment Plant for the period ending July 2003 be received for information." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 2003-421 Moved by K.C. Emerson Seconded by C. Evanitski "THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall deal with business until 11:00 p.m. at its meeting of September 4,2003." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 155 - September 4, 2003 11. COMMITTEE OF THE WHOLE 2003-422 Moved by K.C. Emerson 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 personnel matters." Disposition: Motion Carried Unanimously 2003-423 Moved by K.C. Emerson Seconded by C. Evanitski "THAT the Committee of the Whole do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Staff Report regarding a personnel matter. (Deferred) 12. BY-LAWS By-law Z460-2003 A By-law to Amend B/L Z456-2003 (Wind Turbines-No Action) By-law Z462 - 2003 A By-law to Amend B/Ls Z456-2003 &2387 (Fabco-No Action) By-law 2003 - 073 A By-law to Amend the Official Plan(Fabco-No Action) By-law 2003 - 074 A By-law to Amend the Official Plan(Wind Turbines-No Action) By-law 2003 —071 A Provisional By-law for the Peters Drain 2003-424 Moved by M. Schafer Seconded by K.C. Emerson "THAT Provisional By-law 2003-071 be read a first and second time." Disposition: Motion Carried Unanimously By-law Z461-2003 A By-law to Amend B/L Z456-2003 (Froese) By-law 2003—069 A By-law to Provide for Advance Votes By-law 2003 —070 A By-law to Appoint Deputy Clerks By-law 2003 - 075 A By-Law to Authorize the Mayor& Clerk to Execute a Lease Agreement with Wayne&Sandra Casier By-law 2003 076 A By-Law to Authorize the Mayor&Clerk to Execute a Lease Agreement with John&Margaret Froese By-law 2003 077 A By-Law to Authorize the Mayor&Clerk to Execute a Lease Agreement with Underhill's Farm Supply Ltd. 2003-425 Moved by K.C. Emerson Seconded by C. Evanitski "THAT By-laws Z461-2003, 2003-069,2003-070,2003-075, 2003-076 and 2003-077 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 156 - September 4, 2003 12. BY-LAWS (continued) By-law 2003 - 072 A By-law to confirm all actions of Council 2003-426 Moved by K.C. Emerson Seconded by C. Evanitski "THAT confirming By-law 2003-072 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2003-427 Moved by K.C. Emerson Seconded by C. Evanitski "THAT the meeting be adjourned at 11:15 p.m." Disposition: Motion Carried Unanimously MAYOR CLERK Date Approved: y�� f ��-�` /e/03