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May 01, 2008 - Council
COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday May 1, 2008 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, May 1, 2008 in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor Cliff Evanitski, Councillors Mark Taylor,Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Fire Chief Paul Groeneveld was in attendance to present his report. 1. CALL TO ORDER Mayor Acre 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 April 17, 2008. It was noted that minor typing errors detected on pages 102, 102 and 109 be corrected by the Clerk. 2008-243 Moved by W Casier Seconded by E Ketchabaw "THAT the typos identified in the minutes of the regular meeting of Council held April 17, 2008 be corrected and the minutes approved as corrected." Disposition: Motion Carried Unanimously ADDED ITEMS 2008-244 Moved by E Ketchabaw Seconded by W Casier "THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Report F2008-16 regarding Acquisition of Pickup Truck, be added to the agenda as item 9.1(e)." Disposition: Motion Carried Unanimously Council Minutes - 122 - May 1,2008 4. DELEGATIONS 7:05 p.m.—Paul Ens,Board member and Bill Baskerville, staff were in attendance to provide an update of Long Point Region Conservation Authority activities which affect Bayham and to provide a response to address public concerns in this regard. A handout and the 2007 Annual Report were circulated to Council and staff by Mr. Ens. He detailed the mandate and objectives of the LPRCA, the 2008 operating and capital budget summary and the consolidated 2008 municipal levy. He noted that the total municipal share is 27%of the total budget and Bayham has the lowest assessment rate at $8.42 per capita. Mr. Baskerville provided a power point presentation outlining the LPRCA responsibilities including: • monitoring programs, (stream flow, groundwater,precipitation and water quality) • flood control and planning services(water resources management and natural hazard planning), • land acquisition and private land services, and • legislated regulatory role. Mr. Ens thanked Council for the opportunity to make the presentation and responded to questions from Council. The LPRCA representatives were requested to respond to written correspondence from local ratepayers and copy the municipality. 5. INFORMATION ITEMS 2008-245 Moved by W Casier Seconded by C Evanitski "THAT information items 5(a)through 5(1) be received for information." Disposition: Motion Carried Unanimously (a) Museums Bayham draft minutes of meeting held April 9, 2008. File: C06 (b) Correspondence dated April 17, 2008 from the Ministry of Finance regarding"Residual Commercial Property Class". File: A16 (c) Correspondence dated April 14 & 16, 2008 from the Association of Municipalities of Ontario regarding"Reminder AMO Climate Change Task Force Expressions of Interest Due May 2, 2008", "REMINDER Federal Gas Tax Award Deadline May 16, 2008"and "AMO Report to Members on March 2008 Board Meeting". File: A01 Council Minutes - 123 - May 1, 2008 (d) Correspondence dated February 2000 from Provincial Flood Forecasting and Warning Committee regarding"Ontario Flood Messages Terminology". File: P03 (e) Correspondence dated April 9, 2008 from Ontario Power Authority regarding"Energy Conservation Week May 25 —31, 2008". File: A01 (f) Correspondence from the Minister of Citizenship and Immigration regarding"2008 Citation for Citizenship Awards". File: M02 (g) Correspondence dated April 10, 2008 from Canadian Nuclear Association regarding 2008 edition of"World Energy: The Past and Possible Future". (Full report available) File: A01 (h) Correspondence received April 23, 2008 from the Law Society of Upper Canada regarding"Law Society provides free brochures for the public". File: A01 (i) Correspondence dated April 22, 2008 from the Ministry of Natural Resources regarding "MNR Evaluated Wetlands Data Update". File: A16 (j) "Board Brief'newsletter dated April 11, 2008 from Ontario Good Roads Association. File: A01 (k) Correspondence dated April 24, 2008 from Stewardship Ontario, Waste Diversion Ontario regarding"Announcement-Appointment of Andy Campbell". File: A01/F11 (1) Elgin Group Police Services Board minutes of meeting held April 18, 2008. File: C06 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Staff Report D2008-015 regarding Borm Site Plan Agreement. File: D l i 2008-246 Moved by C Evanitski Seconded by W Casier "THAT Staff Report D2008-015 regarding the Borm Site Plan Agreement be received; Council Minutes - 124 - May 1, 2008 AND THAT By-law No.2008-050, being a By-law to authorize the execution of a Site Plan agreement between Etienne and Marie-Louise Borm and the Municipality of Bayham be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Correspondence dated April 16, 2008 regarding"Impacts of Species At Risk Act—Small Craft Harbours' Port Burwell Facility". File: D21 2008-247 Moved by M Taylor Seconded by C Evanitski "THAT the correspondence received April 16,2008 from Fisheries and Oceans Canada regarding"Impacts of Species At Risk Act—Small Craft Harbours' Port Burwell Facility"be received for information." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE (a) Staff Report D2008-014 regarding County of Elgin Road Master Plan File: A 16 2008-248 Moved by W Casier Seconded by C Evanitski "THAT Staff Report DR2008-014 regarding County of Elgin Road Master Plan be received; AND THAT the comments regarding the draft County of Elgin Road Master Plan as contained in Report D2008-014 be forwarded to the County of Elgin, and further that the document be circulated to the municipal planning consultant for any necessary consideration in the current five-year official plan review." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES (a) Staff Report P2008-009 regarding Fire Department 2008 First Quarter Report. File: P16 Council Minutes - 125 - May 1, 2008 2008-249 Moved by C Evanitski Seconded by W Casier "THAT Staff Report 2008-009 regarding the Fire Department First Quarter Report 2008 be received for information." Disposition: Motion Carried Unanimously (b) Staff Report P2008-008 regarding Emergency Management Program First Qtr. Report. File: P16 2008-250 Moved by W Casier Seconded by E Ketchabaw "THAT Staff Report P2008-008 regarding the Emergency Management Program First Quarter Report for 2008 be received for information." Disposition: Motion Carried Unanimously (c) Staff Report P2008-007 regarding By-Law Enforcement Program—2008 1St Qtr. Report. File: P16 2008-251 Moved by C Evanitski Seconded by W Casier "THAT Staff Report 2008-007 regarding the By-law Enforcement Program 20081st Quarter Report be received for information." Disposition: Motion Carried Unanimously (d) Staff Report P2008-005 regarding Yard Maintenance Enforcement Contract Services 2008. File: P01 2008-252 Moved by M Taylor Seconded by W Casier "That staff report P2008-005 regarding Yard Maintenance Contract Services for 2008 be received; AND That Council authorizes the Mayor and Clerk to execute an agreement with Ron Genetello Property and Building Maintenance as per By-law#2008-048 for a period ending December 31,2008." Disposition: Motion Carried Unanimously Council Minutes - 126 - May 1, 2008 (e) Long Point Region Conservation Authority presentation regarding activities which effect Bayham. File: A16 2008-253 Moved by E Ketchabaw Seconded by M Taylor "THAT the presentation by Long Point Region Conservation Authority regarding activities which effect Bayham be received for information." Disposition: Motion Carried Unanimously (f) Letter dated April 28, 2008 from Fran Southwick regarding various concerns. File: C13 2008-254 Moved by M Taylor Seconded by W Casier "THAT the letter dated April 28,2008 from Fran Southwick regarding various concerns be received for information." Disposition: Motion Carried Unanimously (g) Letter dated April 26, 2008 from Mary Taylor regarding"LPRCA Presentation Scheduled May 1, 2008 Council Meeting. File: C13 2008-255 Moved by M Taylor Seconded by E Ketchabaw "THAT the letter dated April 26, 2008 from Mary Taylor regarding"LPRCA Presentation" be received; AND THAT Staff provide a written response concerning the several issues." Disposition: Motion Carried Unanimously (h) Letter received April 28, 2008 from Fran Southwick regarding Water and Sewer services in Vienna. File: C13 Council Minutes - 127 - May 1, 2008 2008-256 Moved by M Taylor Seconded by E Ketchabaw "THAT the letter received April 28,2008 from Fran Southwick regarding Water and Sewer services in Vienna be received; AND THAT Staff forward a written response to Mrs. Southwick regarding her concerns." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION & PERSONNEL I. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#4367 to Cheque#4465 inclusive, except Cheques#4434 and#4451 totaling$128,666.18 and Payroll Disbursements for the period ending April 20, 2008 totaling$52,880.44. 2008-257 Moved by M Taylor Seconded by C Evanitski "THAT Cheque Register being Cheque#4367 to Cheque# 4465 inclusive, except Cheques#4434 and#4451 totaling$128,666.18 and Payroll Disbursements for the period ending April 20,2008 totaling$52,880.44 be approved." Disposition: Motion Carried Unanimously (b) Correspondence dated March 31, 2008 from Sandra&Carl Hotz regarding Otter Valley Cemetery care. File: S09 2008-258 Moved by E Ketchabaw Seconded by M Taylor "THAT the correspondence dated March 31,2008 from Sandra& Carl Hotz regarding Otter Valley Cemetery care be received; AND THAT Council approves the volunteer continuation of care of the Otter Valley Cemetery by Carl and Sandra Hotz with reimbursement of costs at$40 per cut, based on an every other week cut basis,plus spring and fall cleanup at$50 each." Disposition: Motion Carried Unanimously Council Minutes - 128 - May 1, 2008 (c) Staff Report PR2008-05 regarding Harbour Facilities 2008. It was agreed that staff look into tendering for 2009 in January. File: L04 2008-259 Moved by M Taylor Seconded by W Casier "That Staff Report PR2008-005 regarding Harbour Facilities 2008 be received; AND THAT By-law No. 2008-49 to authorize an agreement with Ron Bradfield, Bradcranex Inc. to operate the municipal Black Docks, boat launch, and fmger docks for 2008 be presented to Council for enactment." Disposition: Motion Carried Unanimously (d) Quotes for additional landscape services 2008-260 Moved by W Casier Seconded by M Taylor "That quotes for additional landscape services be deferred to the next meeting." Disposition: Motion Carried Unanimously (e) Staff Report F2008-016 regarding Acquisition of Pickup Truck—Public Works. File: F05 2008-261 Moved by W Casier Seconded by E Ketchabaw "That Staff Report F2008-016 regarding Acquisition of Pickup Truck—Public Works be received; AND THAT Council confirms the acquisition of the 2008 Chevrolet Silverado 1500 regular cab 4X4 through Pearce Motors at a price of$26,590 inclusive of taxes and licensing." Disposition: Motion Carried Unanimously Council Minutes - 129 - May 1, 2008 10. ENVIRONMENT I. CORRESPONDENCE&REPORTS (a) Staff Report L2008-01 regarding County of Elgin Municipal Infrastructure Agreement. File: A16 2008-262 Moved by W Casier Seconded by E Ketchabaw "That staff report L2008-001 regarding County of Elgin Municipal Infrastructure Agreement be received; AND THAT the Municipality of Bayham decline to enter into the proposed Municipal Infrastructure Agreement as provided by the County of Elgin." Disposition: Motion Carried Unanimously (b) Correspondence dated April 21, 2008 from the Township of Malahide regarding"Lake Erie Erosion—County Road#24". Staff to forward to the Lake Erie Source Water Protection Committee. File: A16 2008-263 Moved by C Evanitski Seconded by W Casier "That the correspondence dated April 21,2008 from the Township of Malahide regarding"Lake Erie Erosion—County Road#24" be received for information." Disposition: Motion Carried Unanimously (c) Correspondence dated April 7, 2008 from Stewardship Ontario regarding"Industry's 4th year contribution to Municipal Blue Box Recycling Program". File: A01 2008-264 Moved by W Casier Seconded by C Evanitski "THAT the correspondence dated April 7,2008 from Stewardship Ontario regarding"Industry's 4th year contribution to Municipal Blue Box Recycling Program be received for information." Disposition: Motion Carried Unanimously Council Minutes - 130 - May 1, 2008 (d) Letter dated April 21, 2008 from Ministry of the Environment regarding"Notice of Release of the 2007-08 Inspection Rating Record". File: E05 2008-265 Moved by C Evanitski Seconded by W Casier "THAT the letter dated April 21,2008 from Ministry of the Environment regarding "Notice of Release of the 2007-08 Inspection Rating Record" be received for information." Disposition: Motion Carried Unanimously 2008-266 Moved by W Casier Seconded by E Ketchabaw "THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole at 9:15 p.m. to discuss personal matters about an identifiable individual,including municipal or local board employees." Disposition: Motion Carried Unanimously 2008-267 Moved by E Ketchabaw Seconded by W Casier "THAT the Committee of the Whole do now rise from the"In Camera" session at 9:50 p.m." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS (a) Closed session minutes of the regular meeting of Council held April 17, 2008. (b) Confidential verbal report regarding Personal matter. (c) Confidential Staff Report L2008-01 regarding Personal matter. File: L04 (d) Staff Memorandum regarding a confidential Personal matter. File: H Council Minutes - 131 - May 1,2008 12. BY-LAWS By-law 2008-048 A By-law to authorize the execution of a By-Law Enforcement Yard Maintenance Services agreement(Ron Genetello Property& Building Maintenance) By-law 2008-049 A By-law to authorize the execution of a lease agreement (Bradfield / Bradcranex) By-law 2008-050 A By-law to authorize the authorization of a site plan agreement (Borm/ETBO Tool &Die) By-law 2008-051 A By-law to confirm all actions of Council 2008-268 Moved by W Casier Seconded by M Taylor "THAT By-law 2008-048,2008-049 and 2008-050 be read a first, second and third time and fmally passed." Disposition: Motion Carried Unanimously 2008-269 Moved by C Evanitski Seconded by W Casier "THAT confirming By-law 2008-051 be read a first, second and third time and fmally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2008-270 Moved by W Casier Seconded by M Taylor "THAT the Council meeting be adjourned at 9:55 p.m." Disposition: Motion Carried Unanimously MAYO 13 CL , K Date Approved: /4 /5 ,?0©S