HomeMy WebLinkAboutOctober 02, 2003 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday, October 2, 2003
7:00 p.m.
8:00 p.m. Court of Revision (Drainage)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00
p.m. on Thursday, October 2, 2003 in Council Chambers. Present were Mayor Max Stewart,
Deputy Mayor Lynn Acre, Councillors K.C. Emerson, Mathew Schafer and Cliff Evanitski,
Administrator Kyle Kruger and Clerk Lynda Millard.
Drainage Superintendent, Dwayne Daniel was in attendance to present his reports regarding the
Court of Revision and Drainage Tenders.
1. CALL TO ORDER
Mayor Max Stewart called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL
NATURE THEREOF
None
3. 'APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held September 18, 2003
2003-452 Moved by C. Evanitski
Seconded by K.C. Emerson
"THAT the minutes of the regular meeting of the Municipality of Bayham held
September 18,2003 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m. - Carl Biro, ratepayer was present and requested the waiver of fees for use of
the Bayham Community Centre for an All-Candidates Meeting to be held October 22°d at
7:00 p.m.
Item 9.1(d)
5. INFORMATION ITEMS
2003-453 Moved by K.C. Emerson
Seconded by C. Evanitski
"THAT Information Items 5(a) through 5(k) be received for information."
Disposition: Motion Carried Unanimously
(a) Port Burwell Marine Museum Committee draft minutes of meeting held September 9,
2003 and Summer Report 2003.
File: C06
COUNCIL MINUTES - 167 - October 2, 2003
5. INFORMATION ITEMS (continued)
(b) Long Point Region Conservation correspondence dated September 16, 2003 regarding
Water Supply Source Protection Planning Partnership Agreement.
File: A16
(c) Norfolk County Notice of Public Meeting regarding Official Plan and Zoning
Amendments.
File: A16
(d) Bayham Community Policing&N.W. Committee minutes of meeting held September
17, 2003
File: C06
(e) Bayham Health& Safety Committee minutes of meeting held September 19, 2003.
File: C06
(f) Association of Municipalities of Ontario "Alert" correspondence dated September 23,
2003 regarding"PC Party Still Serious About Municipal Referendum Proposals".
File: A01
(g) Ministry of the Environment correspondence dated September 12, 2003 regarding the
Blue Box Program Plan.
File: A16
(h) Inky Mark MP correspondence dated September 15, 2003 regarding the Youth Criminal
Justice Act,
File: A16
(i) Email correspondence dated September 26, 2003 from the Aylmer Area Chamber of
Commerce regarding a business directory.
File: A01
(j) Elgin Group Police Services Board Detachment Commander's Report July—August
2003.
File: P17
(k) Bayham Economic Development&Tourism Committee draft minutes of meeting held
September 24,2003.
File: C06
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Report D2003-043 regarding Nutrient Management By-law Update.
File: CO1
2003-454 Moved by M. Schafer
Seconded by K.C. Emerson
"THAT the Municipality of Bayham continue to require the preparation of nutrient
management plans for intensive livestock operations where the requirement is not
superceded by the provincial Nutrient Management Act;
THAT staff and the Planning Consultant proceed to review the current municipal
Nutrient Management By-law and Zoning By-law to ensure that both are consistent
with the requirements of the Nutrient Management Act and regulations;
AND THAT staff be authorized to draft the necessary amending by-laws and
schedule a public meeting to consider proposed amendments."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 168 - October 2, 2003
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(continued)
2. UNFINISHED BUSINESS
(a) Correspondence dated September 14, 2003 from Lauren Lee and T.J. Lilliman regarding
the proposed Bayham Official Plan and Comprehensive Zoning By-law amendments to
permit wind turbines. Additional research information was provided by Ms. Lee
September 29/03.
File: D09/D14
2003-455 Moved by K.C. Emerson
Seconded by C. Evanitski
"THAT the correspondence dated September 14,2003 and the additional research
information from Lauren Lee and T.J Lilliman regarding the proposed Bayham
Official Plan and Comprehensive Zoning By-law amendments to permit wind
turbines be received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report D2003-40 regarding Wind Power Planning. (Deferred from September 46)
File: D09/D14
2003-456 Moved by K.C.Emerson
Seconded by L. Acre
"THAT the Council of the Municipality of Bayham receive report D2003-40;
AND THAT Council adopt the Official Plan Amendment Number 4, being By-law
2003-074, as amended, pursuant to the memorandum from Cumming Cockburn
Ltd. dated September 30, 2003, to allow for wind power generation."
Disposition: Motion Carried Unanimously
(c) Aylmer—East Elgin Community Complex and Till.sonburg Community Centre Arena
Complex Redevelopment projects.
File: A16
7. ROADS, AGRICULTURE & DRAINAGE
L CORRESPONDENCE AND REPORTS
No Items
Court of Revision Appointments&Affirmations
2003-457 Moved by C. Evanitski
Seconded by K.C. Emerson
"THAT in accordance with the provisions of the Drainage Act, the Council of the
Municipality of Bayham appoints Mayor Max Stewart,Deputy Mayor Lynn Acre,
Councillors K.C. Emerson,Mathew Schafer and Cliff Evanitski to sit as members of
the Court of Revision;
AND THAT Mayor Stewart act as Chairman;
AND THAT the Council Meeting be adjourned for the purpose of holding a Court
of Revision pursuant to the provisions of the Drainage Act."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 169- October 2,2003
7.2. COURT OF REVISION
1. 8:00 p.m -Application:
(a) Court of Revision regarding the assessment of properties in regard to Drainage Report
No. 202305 prepared by Spriet Associates and referred to as the Peters Municipal Drain.
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. Staff Presentation
Staff Report DR2003-006 regarding Court of Revision was presented by the Drainage
Superintendent.
The Court of Revision was advised that no written objection have been submitted to the
Clerk.
4. Public Comments
None
S. Council Comments and Questions
C. Evanitski questioned and it was confirmed by the Drainage Superintendent that future
maintenance costs will be shared by property owners within the watershed.
L. Acre questioned confusing comments that the owner is to pay the full cost of
installation and the content of the By-law authorizes the Municipality to borrow in order
to pay for it.
D. Daniel advised that the municipality pays for the construction costs and then invoices
the owner for reimbursement. Should the municipality need to borrow to make the initial
payment it has been so authorized.
6. Disposition of Item
2003-458 Moved by L. Acre
Seconded by K.C. Emerson
"THAT in regard to the Court of Revision for the Peters Drain, there being no
appeals,assessments be confirmed as per the Engineer's Report 202305 dated July
21,2003."
Disposition: Motion Carried Unanimously
7. Adjournment
2003-459 Moved by L. Acre
Seconded by C. Evanitski
"THAT the Court of Revision be adjourned at 8:15 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 170 - October 2, 2003
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE AND REPORTS
(a) Building Permit Report for the month of September 2003.
File: P10
2003-460 Moved by K.C. Emerson
Seconded by M. Schafer
"THAT the Building Permit Report for September 2003 be received for
information."
Disposition: Motion Carried Unanimously
(b) By-law 2003-086 to appoint staff to perform duties under the Building Code.
2003-461 Moved by L. Acre
Seconded by C. Evanitski
"THAT By-law 2003-086 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#6852 to Cheque# 6912 inclusive,totaling $481,870.21,
Cash requirements for the period ending October 10th and Payroll Disbursements for the
period ending September 17, 2003 totaling $35,230.59.
2003-462 Moved by L. Acre
Seconded by K.C. Emerson
"THAT the Cheque Register being Cheque#6852 to Cheque# 6912 inclusive,
totaling $481,870.21, Cash Requirements for the period ending October 10th and
Payroll Disbursements for the period ending September 17, 2003 totaling $35,230.59
be approved."
Disposition: Motion Carried Unanimously
(b) By-law 2003-087 to amend By-law 2002-49, providing for drainage works(Sproul
Drain).
2003-463 Moved by M. Schafer
Seconded by L. Acre
"THAT By-law 2003-087, being a by-law to amend By-law 2002-49 providing for the
Sproul Extension & Branch "A" Drainage Works, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES 171 - October 2, 2003
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
1. CORRESPONDENCE&REPORTS
(c) Staff Report DR2003-007 regarding Tenders for Peters Drain.
2003-464 Moved by L. Acre
Seconded by M. Schafer
"THAT Staff Report DR2003-007 regarding the tendering of the Peters Municipal
Drain be received;
AND THAT Council accept the tender for provision of drainage works set out in the
Form of Tender for the Peters Municipal Drain as submitted by Van Gorp Farm
Drainage Ltd., in the amount of$27,273.23 (inclusive of taxes),with work to
commence on or before May 15, 2004 and to be fully completed on or before June
20, 2004;
AND THAT By-law 2003-089, being a by-law to authorize the execution of contract
documents with Van Gorp Farm Drainage Ltd. be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(d) Correspondence dated September 29, 2003 from local citizens requesting use of the
Bayham Community Centre for an All Candidates meeting and waiver of all fees.
File: C13
2003-465 Moved by L.Acre
Seconded by K.C. Emerson
"THAT the correspondence dated September 29, 2003 from local citizens requesting
use of the Bayham Community Centre for an All Candidates meeting be received;
AND THAT Council approves the waiver of all fees."
Disposition: Motion Carried Unanimously
(e) By-1aw2003-084 to amend By-law 2003-03 appointing municipal officers and employees
and 2003-085 amending By-law 2002-98 adopting a non-union personnel policy.
2003-466 Moved by K.C. Emerson
Seconded by C. Evanitski
"THAT By-law 2003-084, being a by-law to amend ley-law 2002-03,as amended, a
by-law appointing municipal officers and employees,and By-law 2003-085, being a
by-law to amend By-law 2003-98, a by-law adopting a non-union personnel policy,
be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 172 - October 2,2003
9. FINANCE, ADMINISTRATION & PERSONNEL (continued)
I. CORRESPONDENCE&REPORTS
(f) Correspondence dated September 10, 2003 from the Straffordville Minor Ball Executive
requesting funding support.
File: C13
2003-467 Moved by K.C. Emerson
Seconded by L. Acre
"THAT correspondence dated September 10,2003 from the Straffordville Minor
Ball Executive be received;
AND THAT Council present certificates to each individual player and that Minor
Ball submit an application for funding support during 2004 budget consideration."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
No items
11. COMMITTEE OF THE WHOLE
2003-468 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 legal matters."
Disposition: Motion Carried Unanimously
2003-469 Moved by K.C. Emerson
Seconded by M. Schafer
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
I. CORRESPONDENCE&REPORTS
(a) Verbal Report regarding confidential legal matters.
(b) Verbal Report regarding a legal matter.
12. BY-LAWS
By-law 2003 -071 A By-law to Provide for Drainage Works(31d Reading-Peters)
2003-470 Moved by K.C. Emerson
Seconded by C. Evanitski
"THAT Provisional By-law 2003-071, being a by-law to provide for drainage works
in the Municipality of Bayham for the construction of the Peters Municipal Drain,
be read a third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 173 - October 2, 2003
12. BY-LAWS(continued)
By-law Z460-2003 A By-law to Amend BIL Z456-2003 (Wind Turbines-No Action)
By-law 2003 —074 A By-law to Amend the Official Plan(Wind Turbines)
By-law 2003 --084 A By-law to Amend B/L 2002-03 Appointing Officers&
Employees
By-law 2003 —085 A By-law to Amend the Non Union Personnel Policy
By-law 2003—086 A By-law to Appoint Staff to Perform Duties Under Building Code
(Danial Dale)
By-law 2003 - 087 A By-law to Amend B/L 2002-49 Providing for Drainage Works
(Sproul Extention &Branch "A'9
By-law 2003 - 089 A By-law to Authorize the execution of an Agreement for
Drainage Works (Peters Drain)
2003-471 Moved by K.C. Emerson
Seconded M. Schafer
"THAT By-laws 2003-074, as amended,2003-084, 2003-085, 2003-086,
2003-087 and 2003-089 be read a first,second and third time and finally passed."
Disposition: Motion Carried Unanimously
By-law 2003—088 A By-law to confirm all actions of Council
2003-472 Moved by K.C. Emerson
Seconded by L. Acre
"THAT confirming By-law 2003-088 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2003-473 Moved by K.C. Emerson
Seconded by L. Acre
"THAT the meeting be adjourned at 8:50 p.m."
Disposition: Motion Carried Unanimously
.1741-eZ;;•I'd k/f AlderN dielAT
MAYOR ( CLERK
Date Approved: /6 a-0 O 3