HomeMy WebLinkAboutDecember 20, 2007 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday December 20,2007
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
December 20, 2007 in Council Chambers. Present were Mayor Lynn Acre, Deputy
Mayor Cliff Evanitski, Councillors Mark Taylor and Wayne Casier, Administrator Kyle
Kruger and Clerk Lynda Millard. Councillor Ed Ketchabaw was absent.
Fire Chief 1 Emergency Management/By-Law Enforcement Officer Paul Groeneveld, Planning
Co-ordinator Margaret Underhill and Treasurer Suzanna Mantel were in attendance to present
their respective reports.
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 open and closed sessions of the regular meeting of Council held
December 6, 2007.
2007-666 Moved by W Casier
Seconded by M Taylor
"THAT the open and closed session minutes of the regular meeting of Council held
December 6, 2007 be approved as circulated."
Disposition: Motion Carried Unanimously
ADDED ITEMS
2007-667 Moved by W Casier
Seconded by M Taylor
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
correspondence dated December 14,2007 from the Elgin Group Police Services
Board,verbal report regarding the Richmond Community Water System,verbal
report regarding a confidential property matter,By-laws 2007-120,2007-121,
Council Minutes - 318 - December 20, 2007
2007-122, 2007-123, 2007-124, 2007-125,2007-126 & 2007-127 be added to the
agenda as items 9.1(m), 10.1(b), 11.1(c) and 12, respectively."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
7:30 pm—Derek Dudek,IBI Group regarding Official Plan 5-Year Review Discussion
Paper 1. Item 6.1(a), (b)
Mr. Dudek explained the legislated planning changes and impacts resulting from
implementation of the Provincial Policy Statement 2005,Bill 51 - Planning and
Conservation Land Statute Law amendment Act,2006, Conservation Authorities
Act/Long Point Conservation authority—Regulation Limit, Ministry of Agriculture, Food
and Rural Affairs: Minimum Distance Separation 2007 and the Ontario Heritage Act.
He noted that the most significant difference is that municipal land use policy decisions
"shall be consistent with" the PPS 2005 policies, whereas prior decisions only needed
"regard for". He explained each section of the review document in regard to the context,
gap analysis and opportunities.
Mr. Dudek advised that the Bayham Official Plan does not require significant
amendments to the policies, adding that mainly only minor wording changes to be
"consistent with" are necessary.
He questioned whether Council may wish to consider:
❑ a"Special Policy Area" for portions of Vienna floodway to ensure viability of
existing buildings,
❑ a vision statement and/or any new goals and objectives,
❑ increase siteplan control measures, conditional zoning measures or development
permit systems, and/or
❑ apply MDS regulations to vacant lots, catastrophes, surplus farm dwellings,
cemeteries and livestock uses within urban areas.
Mr. Dudek, noting that a growth study is not required until the full 10 year Official Plan
Review,responded to querries from members of Council including:
❑ potential for trade-off of small areas(site specific)not suitable for farming
(previously developed as estate lots),
❑ growth areas identified in 2002,
❑ need,
❑ looking at from a marketing perspective,
❑ potential development expansion around Port Burwell,
❑ servicing
❑ benefit to whole municipality versus a group of interested parties.
Council Minutes - 319 - December 20, 2007
5. INFORMATION ITEMS
2007-668 Moved by C Evanitski
Seconded by W Casier
"THAT information items 5(a) through 5(p) be received for information;
AND THAT Item 5(h) correspondence dated December 6,2007 from the Township
of West Lincoln Planning Department regarding"Proposed Changes to the
Regulatory Framework for Non-Agricultural Source Materials" be supported."
Disposition: Motion Carried Unanimously
(a) Draft minutes of the Bayham Community Centres Committee meetings held November
22 and November 29, 2007.
File: C06
(b) Draft minutes of the Joint Cemetery Board meeting held November 27, 2007.
File: C06
(c) Correspondence dated November 29, 2007, December 5, 6, 10, and 13, 2007 from the
Association of Municipalities of Ontario regarding"Throne Speech—AMO Welcomes
Renewed Provincial Commitment to put Municipalities on a Firm Financial Footing",
"Fairness for Military Families Act Passes", "Province Announces Community Go Green
Fund for Greenhouse Gas Reduction Projects", "Province Consulting on A New Incident
Management System for Ontario", and"Ontario's Fall Economic Statement Provides
Much Needed Funding for Municipal Infrastructure and Transit".
File: A01
(d) Long Point Region Conservation Authority minutes of meeting held November 7, 2007.
File: C06
(e) Correspondence dated November 29, 2007 from the Ontario Medical Association
regarding"Second-Hand-Smoke".
File: A01
(f) Draft minutes of the Straffordville Cemetery Board meeting held December 6, 2007.
File: C06
(g) Minutes of the Lake Erie Source Protection Region Water Services Project Managers
meeting held November 28, 2007.
E:00
(h) Correspondence dated December 6, 2007 from Township of West Lincoln Planning
Department regarding"Proposed Changes to the Regulatory Framework for Non-
Agricultural Source Materials"
File: A16
Council Minutes - 320 - December 20, 2007
(i) Correspondence dated November 23, 2007 from Association of Ontario Road Supervisors
regarding"AORS 2008 Training and Professional Development Program".
File: A16
(j) Correspondence dated November 19, 2007 from Ministry of Education regarding
"Bullying Awareness Week".
File: A16
(k) Correspondence from Pitch-In Ontario Volunteers in Action regarding"Pitch-In Week:
Operation Clean Sweep".
File: E07
(1) Newsletter from East Elgin Community Complex dated Fall 2007 regarding"Complex
News".
File: M07
(m) Correspondence from U.S. Department of Homeland Security regarding"U.S. Customs
and Border Protection".
File: A16
(n) Newsletter from Community Care Access Centre dated November 2007.
File: S08
(o) Invitation from The Elgin-St.Thomas United Way to "Touchdown Celebration".
File: A04
(p) Correspondence from the Corporation of the County of Middlesex regarding"Group 7
Municipal Representative to the Lake Erie Source Protection Committee".
File: E00
6. PLANNING, DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2007-055 regarding Official Plan 5-Year Review Discussion Paper
1.
File: D08
2007-669 Moved by W Casier
Seconded by C Evanitski
"THAT Staff Report D2007-055 be received for information."
Disposition: Motion Carried Unanimously
Council Minutes - 321 - December 20, 2007
(b) Staff Report D2007-056 regarding Growth Study.
File: D08
2007-670 Moved by W Casier
Seconded by C Evanitski
"THAT Staff Report D2007-056 be received;
AND THAT the Municipality initiate and finance a growth study with IBI Group,
subject to receipt of a formal quotation."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE No Items
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Staff Report P2007-032 regarding By-1aw2007-102 Canine Control
Services/Contract.
File: P14
2007-671 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report P2007-032 be received;
AND THAT By-law#2007-102, being a By-law to authorize the execution of an
agreement between the Municipality of Bayham and Rodger Martin for the
Provision of Canine Control/Pound Keeper Services, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report P2007-031 regarding By-law 2001-94 Regulate and Control Dogs.
File: P14
Council Minutes - 322 - December 20,2007
2007-672 Moved by C Evanitski
Seconded by W Casier
"THAT Staff Report P2007-031 be received;
AND THAT By-law#2007-115, being a By-law to further amend By-law#2001-094,
a By-law to Regulate and Control Dogs, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION&PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#3670 to Cheque#3759, inclusive totaling
$132,81 Land Payroll Disbursements for the period ending December 2i'd totaling
$50,121.96.
2007-673 Moved by C Evanitski
Seconded by M Taylor
"THAT Cheque Register being Cheque#3670 to Cheque#3759, inclusive
totaling $132,811.00 and Payroll Disbursements for the period ending
December rd totaling$50,121.96 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2007-39 regarding Water& Sewer Rates.
File: F05.08
2007-674 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report F2007-39 regarding water and wastewater rates be
received;
AND THAT Council supports the recommendation for water and wastewater
rates contained in the report in principal and directs staff to prepare for the
mandatory public meeting to set such rates and fees."
Disposition: Motion Carried Unanimously
(c) Staff Report F2007-40 regarding Municipal Loans
File: A09
Council Minutes - 323 - December 20, 2007
2007-675 Moved by W Casier
Seconded by C Evanitski
"THAT Staff Report F2007-40 regarding Municipal Loans be received;
AND THAT Staff be directed to prepare a by-law to adopt a municipal loan
for festivals policy in accordance with the report for Council enactment."
Disposition: Motion Carried Unanimously
(d) Correspondence received December 12, 2007 from H. (Rick) Wassing regarding
"Leasing River Frontage for Boat Dockage—East Side",
File: C13
2007-676 Moved by C Evanitski
Seconded by M Taylor
"THAT the correspondence from H. (Rick)Wassing be received for information."
Disposition: Motion Carried Unanimously
(e) Correspondence dated December 14,2007 from Aylmer&Area Chamber of Commerce
regarding Economic Development.
File: A01
2007-677 Moved by W Casier
Seconded by C Evanitski
"THAT the correspondence from Aylmer&Area Chamber of Commerce be
received;
AND THAT the Council consider contributing to joint economic development
efforts with the Town of Aylmer and the Township of Malahide during the 2008
budget deliberations."
Disposition: Motion Carried Unanimously
(f) Staff Report C2007-012 regarding Closed Meeting Investigation Policy and Fees.
File: A09
Council Minutes - 324- December 20,2007
2007-678 Moved by C Evanitski
Seconded by W Casier
"THAT the Policy for Municipal Closed Meeting Investigations, as attached to
Report C2007-012, be approved;
THAT By-law No. 2007-117, amending By-law No.2007-093 respecting the
appointment of a Closed Meeting Investigator be presented to Council for
enactment;
AND THAT a by-law be prepared to adopt the policy for Municipal Closed
Meeting Investigations for Council support at the next regular meeting."
Disposition: Motion Carried Unanimously
(g) Staff Report C2007-013 regarding Policy for Provision of Notice.
File: A09
2007-679 Moved by W Casier
Seconded by C Evanitski
"THAT Staff Report C2007-013 regarding Policy for Provision of Notice be
received;
THAT By-law No. 2007-120, to amend By-law 2002-93 being a Procedural By-law
for the Municipality of Bayham, be presented to Council for enactment;
AND THAT By-law No. 2007-121, to adopt a Policy for the Provision of Notice to
the Public be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(h) Staff Report C2007-014 regarding Transparency Policy.
File: A09
2007-680 Moved by C Evanitski
Seconded by W Casier
"THAT Staff Report C2007-014 be received;
AND THAT By-law 2007-127, being a by-law to adopt a policy for
Accountability and Transparency, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
Council Minutes - 325 - December 20,2007
(i) Staff Report C2007-015 regarding Delegation of Powers Policy.
File: A09
2007-681 Moved by W Casier
Seconded by C Evanitski
"THAT Staff Report C2007-015 be received;
THAT the Delegation of Powers and Duties Policy as attached to Report No.
C2007-015 be approved;
AND THAT a by-law be prepared to adopt the Delegation of Powers and
Duties Policy for Council support at the next regular meeting"
Disposition: Motion Carried Unanimously
(j) Draft By-law#2007-114 regarding IT Agreement with Malahide.
2007-682 Moved by C Evanitski
Seconded by W Casier
"THAT By-law 2007-114, being a By-law to authorize the execution of an agreement
with Elgin County area municipalities and agencies for the sharing of information
technology support services, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(k) Verbal Report and draft By-law#2007-118 regarding Appointment of Municipal
Officers.
2007-683 Moved by W Casier
Seconded by C Evanitski
"THAT By-law 2007-118, being a By-law to appoint Municipal officers and
employees,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(1) Draft By-law#2007-113 to extend the agreement with Norfolk Disposal for Waste
Collection &Disposal services.
Council Minutes - 326 - December 20, 2007
2007-684 Moved by W Casier
Seconded by C Evanitski
"THAT By-law#2007-113,being a by-law to authorize the renewal of an
agreement with Norfolk Disposal Services Limited for collection and disposal
of recyclables and waste, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(m) Correspondence dated December 14, 2007 from the Elgin Group Police Services Board
regarding 2008 estimates.
File: P 17/F05.08
2007-685 Moved by W Casier
Seconded by C Evanitski
"THAT the correspondence dated December 14,2007 from the Elgin Group
Police Services Board regarding 2008 estimates be received for information."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Staff Memorandum regarding"Lead testing in the municipal drinking water system"
File: E08
2007-686 Moved by C Evanitski
Seconded by W Casier
"THAT Staff Memorandum regarding Lead testing in the municipal
drinking water system be received for information."
Disposition: Motion Carried Unanimously
(b) Verbal report regarding the Richmond Community Water Inc. contract.
2007-687 Moved by W Casier
Seconded by M Taylor
"THAT By-law 2007-122, as amended, regarding the Richmond Community
water system services be presented to Council for enactment."
Disposition: Motion Carried Unanimously
Council Minutes - 327 - December 20, 2007
MOTION TO EXTEND LENGTH OF MEETING
2007-688 Moved by C Evanitski
Seconded by W Casier
"THAT in accordance with Section 12 of Procedural By-law 2002-93,
Council shall deal with business until 11 pm. at its meeting of December 20,
2007."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2007-689 Moved by C Evanitski
Seconded by W Casier
"THAT the Council do now rise to enter into an"In Camera" Session of Committee of
the Whole at 10:21 p.m.to discuss:
❑ personal matters about an identifiable individual,including municipal or
local board employees;
❑ a proposed or pending acquisition or disposition of land by the municipality
or local board."
Disposition: Motion Carried Unanimously
2007-690 Moved by W Casier
Seconded by C Evanitski
"THAT the Committee of the Whole do now rise from the"In Camera" session at
10:44 p.m."
Disposition: Motion Carried Unanimously
L CORRESPONDENCE&REPORTS
(a) Staff Report 142007-09 regarding a confidential personal matter.
File: H08
(b) Staff Report H2007-10 regarding a confidential personal matter.
(c) Verbal report regarding a confidential property matter.
Council Minutes 328 • December 20, 2007
12. BY-LAWS
By-law 2007-102 A By-law to authorize the execution of an agreement for the provision of
Canine Control/Pound Keeper Services (Martin)
By-law 2007-113 A By-law to authorize a renewal agreement for the weekly collection and
disposal of recyclables, weekly collection and disposal of residential &
commercial waste and bulk collection bins in the Municipality of Bayham
(Norfolk Disposal)
By-law 2007-114 A By-law to Authorize execution of an agreement with Elgin County area
Municipalities and agencies for the sharing of information technology
support services
By-law 2007-115 A By-law to further amend B/L 2001-94 (Dog Control)
By-law 2007-116 A By-law to further amend B/L 2002-98 (Non Union Personnel )
By-law 2007-117 A By-law to further amend B/L 2007-093 (.1GM Consulting)
By-law 2007-118 A By-law to further amend B/L 2005-108 (Appoint Municipal Officers
and Employees)
By-law 2007-120 A By-law to Amend Procedural B/L 2002-93
By-law 2007-121 A By-law to Adopt Notice Policy
By-law 2007-122 A By-law to Richmond Community Water System Agreement, as
amended
By-law 2007-123 A By-law to Authorize Execution of Agreement with MOHLTC re Nurse
Practitioner Funding
By-law 2007-124 A By-law to Authorize Execution of Agreement with K Pitter for Nurse
Practitioner Services
By-law 2007-125 A By-law to Authorize Execution of Nurse Practitioner Agreement
(Leatherdale)
By-law 2007-126 A By-law to Authorize Execution of Agreement with MOHLTC re
Collaborative Physician Services Funding
By-law 2007-127 A By-law to Adopt an Accountability&Transparency Policy
By-law 2007-119 A By-law to confirm all actions of Council
Council Minutes - 329 - December 20, 2007
2007-691 Moved by W Casier
Seconded by C Evanitski
"THAT By-laws 2007-102, 2007-113,2007-114, 2007-115,2007-116,2007-117,
2007-118,2007-120,2007-121, 2007-122, as amended,2007-123, 2007-124, 2007-125,
2007-126 and 2007-127 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
2007-692 Moved by W Casier
Seconded by C Evanitski
"THAT confirming By-law 2007-119 be read a first, second and third time and
fmally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2007-693 Moved by C Evanitski
Seconded by W Casier
"THAT the Council meeting be adjourned at 10:45 p.m."
Disposition: Motion Carried Unanimously
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