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HomeMy WebLinkAboutNovember 06, 2003 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, November 6, 2003 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on Thursday,November 6, 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 Deputy Clerk Margaret Underhill. Drainage Superintendent, Dwayne Daniel, Public Works Superintendent Robert Bartlett and Water/Wastewater Superintendent Ed Roloson were in attendance to present their respective reports. 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 Mayor Stewart disclosed an interest in Item 6.1 (a) as he is related to the applicant. Mayor Stewart vacated and Deputy Mayor Acre assumed the chair regarding this item. He did not discuss nor vote on this item. 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held October 16, 2003 2003-502 Moved by K.C. Emerson Seconded by L. Acre "THAT the minutes of the regular meeting of the Municipality of Bayham held October 16,2003 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS 2003-503 Moved by C. Evanitski Seconded by M. Schafer "THAT Information Items 5(a) through 5(h) be received for information." Disposition: Motion Carried Unanimously (a) Copy of Town of LaSalle correspondence to Dalton McGuinty, Premier-elect, dated October 16, 2003 regarding Restriction on Smoking in Public Places. File: A16 COUNCIL MINUTES - 185 November 6, 2003 5. INFORMATION ITEMS (continued) (b) Municipal Tax Collectors of Ontario correspondence dated October 6, 2003 regarding resolution passed. File: A01 (c) "Lifestyle Link"Elgin St. Thomas Health Unit newsletter September 2003 edition File: A01 (d) Draft minutes of the Vienna Edison Festival Committee meeting held September 17, and October 15, 2003. File: C06 (e) Draft minutes of Bayham Community Health Action Committee meeting held October 15, 2003. File: C06 (f) "Food for All"Projects in Elgin County, East Elgin File: A01 (g) Bayham Culture Committee draft minutes of meeting held October 29, 2003. File: C06 (h) Association of Municipalities of Ontario correspondence dated November 3, 2003 regarding"Federal Government Still Considering Toxic Designation for Road Salts". File: A01 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE AND REPORTS (a) Staff Report D2003-44 regarding Elgin County Land Division Committee Application E117/03 for property located at 12062 Plank Road submitted by Brent Stewart on behalf of Dawn and Tony Kielly. File: D10 2003-504 Moved by L. Acre Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham receive report D2003-44; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E117/03 be approved, subject to: 1. rezoning of the severed and retained parcels to site specific agriculture to recognize undersized lots and rezoning the ravine area as hazard lands; 2. consolidation of the severed parcel of land with Mr. & Mrs. Brent Stewart's property." Disposition: Motion Carried (b) Staff Report D2003-45 regarding Elgin County Land Division Committee Application El 19/03 from property located at 54003 Calton Line submitted by Wm. Barry and June Kinsey. File: D10 COUNCIL MINUTES - 186 • November 6, 2003 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM L CORRESPONDENCE AND REPORTS(continued) 2003-505 Moved by L. Acre Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham receive report D2003-45; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E119/03 be approved,subject to rezoning the severed parcel to rural residential(RR) and the retained parcel be rezoned to Site Specific Agriculture." Disposition: Motion Carried Unanimously (c) Staff Report D2003- 46 regarding Elgin County Land Division Committee Application E108/03, E109/03 and E110/03 to create three new lots from property located on Eden Line, submitted by Marianne Beausoleil. File: D 10 2003-506 Moved by L. Acre Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham receive report D2003-46; AND THAT Council recommend to the Elgin County Land Division Committee that severance applications E108/03,E109/03 and E110/03 be approved, subject to: 1. reorientation of the proposed lots to provide for road access to the lands north of the subject lands; 2. execution of a development agreement with the municipality; rezoning to remove the holding provision." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE AND REPORTS (a) Staff Report PR2003-007 regarding Echo Energy Inc—Road Use Agreement. File: L04 2003-507 Moved by L. Acre Seconded by M. Schafer "THAT the Road Use Agreement with Echo Energy Inc. for the placement of natural gas pipelines as attached to report PR2003-007, be approved; AND THAT By-law No. 2003-098 be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 187- November 6, 2003 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE AND REPORTS(continued) (b) StaffReport PW2003-011 regarding Public Works Activity for September and October. File: T06 2003-508 Moved by M. Schafer Seconded by L. Acre "THAT Staff Report PW2003-011 regarding Public Works activities for the months of September and October be received; AND THAT Staff be authorized to proceed with negotiations for the purchase of 2 acres of land from the two landowners adjacent to the hill adjustment on Coyle Road; AND THAT the surplus monies from the Culvert Maintenance budget of$8,847.00 be allocated towards Hardtop Maintenance." Disposition: Motion Carried (c) Staff Report T-2003-010 regarding Bayham Drive Construction. File: T04 2003-509 Moved by L. Acre Seconded by M. Schafer "That tenders for the Bayham Drive reconstruction be deferred to follow the 2004 budget process, and that amounts included in the 2003 budget be carried to 2004 as unexpended capital; And Further that the Town of Tillsonburg be so informed." Disposition: Motion Carried (d) Request to use streets in Straffordville for the annual Santa Claus Parade on Saturday December 13th and to use streets in Port Burwell for the annual Santa Claus Parade on Saturday,December 6th. File: T09 2003-510 Moved by M. Schafer Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham supports the request by the Port Burwell Recreation Society /Port BurwellfBayham Optimist Club for permission to use streets within Port Burwell for the Santa Claus Parade to be held Saturday December 6, 2003, subject to the provision of proof of liability insurance coverage; AND THAT the County of Elgin be requested for permission to use Wellington and Robinson Streets between at 6:30 and 7:30 p.m.; AND THAT the Bayham Public Works Superintendent be directed to provide the necessary provisions for traffic control and safety." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 188 - November 6,2003 7. ROADS, AGRICULTURE & DRAINAGE (continued) 1. CORRESPONDENCE AND REPORTS 2003-511 Moved by L. Acre Seconded by M. Schafer "THAT the Council of the Municipality of Bayham supports the request by the Straffordville Santa Claus Parade Committee for permission to use streets within Straffordville for the Santa Claus Parade to be held Saturday December 13,2003, subject to the provision of proof of liability insurance coverage; AND THAT the County of Elgin be requested for permission to use Plank Road and Heritage Line between at 10:30 and 11:30 a.m.; AND THAT the Bayham Public Works Superintendent be directed to provide the necessary provisions for traffic control and safety." Disposition: Motion Carried Unanimously (e) Staff Report T2003-regarding Snow Removal Contracts for 2003/2004. File: L04 2003-512 Moved by L. Acre Seconded by M. Schafer "THAT Staff Report PW2003-012 be received; AND THAT By-laws 2003-103,2003-104, 2003-105,2003-106 and 2003-107 authorizing execution of documents for winter control services be presented for enactment." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE AND REPORTS (a) Building Permit Report for the month of October 2003. File: P10 2003-513 Moved by K. C. Emerson Seconded by M. Schafer "THAT the Building Permit Report for the month of October 2003 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 189- November 6, 2003 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 7006 to Cheque# 7082, inclusive, except cheque # 7006,totaling$209,057.93, and Payroll Disbursements for the period ending October 15 and 29, 2003 totaling $71,276.34. 2003-514 Moved by L. Acre Seconded by K. C. Emerson "THAT the Cheque Register being Cheque#7006 to Cheque#7082 inclusive, except cheque #7006, totaling $209,057.93 and Payroll Disbursements for the periods ending October 15 and 29, 2003 totaling $71,276.34 be approved." Disposition: Motion Carried Unanimously (b) Staff Report C2003-015 regarding Committee Appointment /By-law Amendment/ Support for Thames Valley Mid-Wives. File: S08.03 2003-515 Moved by C. Evanitski Seconded by M. Schafer "THAT Staff Report C2003-15 regarding the Bayham Community Health Action Committee membership be received; AND THAT Council approve the recommendation to add Scott Campbell to the committee membership and to add "or alternate" to the VON, TVDHC and ESTHU listed members' names; AND THAT By-Law 2003-097, being a by-law to further amend By-law 2003-01, a by-law appointing members to boards and committees of the municipality, be presented for enactment." Disposition: Motion Carried Unanimously 2003-516 Moved by C. Evanitski Seconded by K. C. Emerson "THAT the Bayham Community Health Action Committee is authorized to proceed with the incorporation process for the official CHC sponsoring group "East Elgin Association for Community Health (EEACH)" Disposition: Motion Carried Unanimously 2003-517 Moved by K. C. Emerson Seconded by C. Evanitski "THAT the Council of the Municipality of Bayham supports the application by the Thames Valley Midwives in requesting additional funding from the Ministry of Health & Long Term Care for a satellite clinic to be established in Elgin County." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 190- November 6, 2003 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) Y. CORRESPONDENCE&REPORTS (c) Staff Report F2003-27 regarding Banking Arrangements. File: F04 2003-518 Moved by K. C. Emerson Seconded by L. Acre "THAT By-law 2003-099, being a By-law to authorize the Municipality to enter into an agreement with the CIBC for: 1. banking services for a period of one year, establishing an interest free deposit as required under the terms set by the CIBC; 2. instructions by Telephone and Fax; and for 3. financial advice, as outlined in Staff Report F2003-27, be presented to Council for enactment." Disposition; Motion Carried Unanimously (d) Bayham Community Centres Committee draft minutes of meeting held October 23, 2003. File: C06 2003-519 Moved by C. Evanitski Seconded by K. C. Emerson "THAT the draft minutes of the Bayham Community Centres Committee meeting held October 23,2003 be received; AND THAT Council directs that any unexpended funds from the Community Centres 2003 capital budget be carried forwarded to their 2004 capital budget." Disposition: Motion Carried Unanimously (e) Correspondence dated October 27, 2003 from Mathew Schafer requesting acknowledgment of dedicated service by Dr. C.L. Leatherdale. File: C13 2003-520 Moved by M. Schafer Seconded by K. C. Emerson "THAT the correspondence from Mathew Schafer dated September 30, 2003 be received; AND THAT the Council of the Municipality of Bayham present a Certificate of Recognition to Dr. C. L. Leatherdale in appreciation for his many years of dedicated Service as a family physician to residents in Bayham and the surrounding area." Disposition: Motion Carried Unanimously COUNCIL MINUTES • 191 - November 6, 2003 9. FINANCE, ADMINISTRATION & PERSONNEL(continued) 1. CORRESPONDENCE&REPORTS (f) Staff Memorandum C2003-009 regarding November Meeting Schedule. File: C11 2003-521 Moved by K. C. Emerson Seconded by C. Evanitski "THAT the November 20,2003 Council meeting be cancelled." Disposition: Motion Carried Unanimously (g) Edison Museum of Vienna draft minutes of meeting held October 28, 2003. File: C06 2003-522 Moved by K. C. Emerson Seconded by M. Schafer "THAT the draft minutes of the Edison Museum of Vienna Board meeting held October 28 be received; AND THAT Council directs that unexpended 2003 budget funds be transferred to the Edison Museum Reserve Fund at year end." Disposition: Motion Carried Unanimously (h) Staff Memorandum C2003-010 regarding Council appointments. File: C11 2003-523 Moved by M. Schafer Seconded by C. Evanitski "THAT Lynn Acre and K.C. Emerson be appointed to represent Council on the Bayham Culture Committee and to act in such capacity until such time as replacement representatives are appointed for 2004." Disposition: Motion Carried Unanimously (i) By-law 2003-101 being a by-law to authorize the execution of documents for the sale of land to the Long Point Region Conservation Authority. 2003-524 Moved by K. C. Emerson Seconded by M. Schafer "THAT By-law 2003-101, being a by-law to authorize the execution of documents regarding the sale of land to the Long Point Region Conservation Authority, be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 192 - November 6, 2003 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Quarterly Reports for the Port Burwell Secondary and the Bayham Water Distribution Systems for the period ending September 30, 2003. File: E05 2003-525 Moved by K. C. Emerson Seconded by L. Acre "THAT the Quarterly Reports for the Port Burwell Secondary and the Bayham Water Distribution Systems for the period ending September 30,2003 be received for information." Disposition: Motion Carried Unanimously (b) Sewage Treatment Plant waste water performance report for the period ending September 20, 2003. File: E05 2003-526 Moved by L. Acre Seconded by K. C. Emerson "THAT the Sewage Treatment Plant waste water performance report for the period ending September 30, 2003 be received for information." Disposition: Motion Carried Unanimously (c) Staff Report E2003-009 regarding Regulations for Non-Municipal Drinking Water System Owners under O. Reg. 170/03 File: L11 2003-527 Moved by C. Evanitski Seconded by K. C. Emerson "That Staff Report#E2003-009 regarding regulations for the small non-residential wells forming part of O.Reg 170/03 be received; And that Council direct staff to apply for regulation exemption by the regulation deadline of December 31, 2004 and the required sampling program commence in January of 2004." Disposition: Motion Carried Unanimously (d) Staff Report E2003-010 regarding water meter reading contract agreement extension. File: L04 2003-528 Moved by K. C. Emerson Seconded by L. Acre "THAT Staff Report#E2003-10 be received; AND THAT By-law 2003-102, being a by-law to authorize the extension of the agreement with Kathy Bradfield for water meter reading services, be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 193 - November 6, 2003 10. ENVIRONMENT (continued) I. CORRESPONDENCE&REPORTS (e) Staff Report E2003-011 regarding Additional Quote for a Capital SCADA Upgrade at the Wastewater Treatment Plant. File: L04 2003-529 Moved by K. C. Emerson Seconded by M. Schafer "THAT Staff Report #E2003-008 and E2003-011 regarding capital wastewater treatment plant upgrades be received; AND THAT By-law#2003-094, being a By-law to authorize the execution of a contract agreement with Sirron Systems Inc. for the provisions of SCADA control upgrades at the Port Burwell Wastewater Treatment Plant, be presented to Council for enactment." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2003-530 Moved by K. C. Emerson Seconded by L. Acre "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 2003-531 Moved by M. Schafer Seconded by K. C. Emerson "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 a confidential legal matter. 12. BY-LAWS By-law 2003 --094 A By-law to Authorize the Execution of an Agreement to Supply &Install SCADA Control Upgrades By-law 2003—097 A By-law to Further Amend Appointments B/L 2003-001 By-law 2003 —098 A By-law to Authorize the Execution of an Agreement with Echo Energy Inc. By-law 2003 —099 A By-law to Authorize the Execution of a One-Year Agreement with CIBC for Banking Services By-law 2003 -- 101 A By-law to Authorize the Execution of Documents for the Sale of Lands(LPRCA) By-law 2003 — 102 A By-law to Authorize the Extension Agreement with Kathy Bradfield for Water Meter Reading Services COUNCIL MINUTES - 194 - November 6,2003 12. BY-LAWS (continued) By-law 2003 - 103 A By-law to Authorize the Execution of an Agreement with Laemers Trucking for the Provision of Winter Control Services By-law 2003 - 104 A By-law to Authorize the Execution of an Agreement with Ramona Peidl for the Provision of Winter Control Services By-law 2003 - 105 A By-law to Authorize the Execution of an Agreement with Underhill Trucking for the Provision of Winter Control Services By-law 2003 - 106 A By-law to Authorize the Execution of an Agreement with Ken Sproul's Lawn Maintenance for the Provision of Winter Control Services By-law 2003 - 107 A By-law to Authorize the Execution of an Agreement with Ron Genetello Property and Building Maintenance for the Provision of Winter Control Services By-law 2003 - 100 A By-law to confirm all actions of Council 2003-532 Moved by L. Acre Seconded by K. C. Emerson "THAT By-laws 2003-094, 2003-097,2003-098, 2003-099, 2003-101,2003-102, 2003-103,2003-104,2003-105,2003-106 and 2003-107 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 2003-533 Moved by L. Acre Seconded by K. C. Emerson "THAT confirming By-law 2003-100 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously Added Item 2003-534 Moved by M. Schafer Seconded by L. Acre "THAT the Council of the Municipality of Bayham would like to thank and recognize the many years of service by Max Stewart that he has given to the residents of Bayham in the office of Mayor of the municipality." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2003-535 Moved by K. C. Emerson Seconded by C. Evanitski "THAT the meeting be adjourned at 9:24 p.m." Disposition: Motion Carried Unanimously t ion: M MAYOR / , 1d, 1 DEPUTY CLE ` A Date Approve'i� �,�,� ,, �i