HomeMy WebLinkAboutJuly 15, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,July 15,2004
7:00 p.m.
(Public Meetings 7:30 &7:45 p.m.-Rezoning)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on
Thursday,July 15, 2004 in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor Mathew
Schafer,Councillors Mark Taylor,Paul Ens and Cliff Evanitskd,Administrator Kyle Kruger and Clerk
Lynda Millard.
Chief Building Official Dwayne Daniel,Water/Wastewater Superintendent Ed Roloson and Treasurer
Suzanna Mantell were in attendance to present their respective reports.
1. CALL TO ORDER Mayor Lynn Acre called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST &THE GENERAL NATURE
THEREOF
Councillor Ens declared an interest in Item 8.1(f)as he has options with a competitor and did not
participate in discussion nor vote on this item.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held June 17,2004
2004-324 Moved by M Taylor
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
June 17,2004 be approved."
Disposition: Motion Carried Unanimously
Addition of Agenda Items
2004-325 Moved by C Evanitsld
Seconded by M Taylor
"THAT in accordance with Section 21 of Procedural By-law 2002-93,correspondence
regarding the Eden Community Centre and a Letter of Agreement between the Ontario
Trillium Foundation and the Bayham Historical Society regarding funding for a cultural
plan be added to the agenda as items 6.1(d) and 9.1(h)respectively."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 141 - July 15,2004
4. DELEGATIONS
(a) 7:05 p.m.—Stan Rushton,Wolfram Jung and Bob Lozon were in attendance and made a
presentation requesting support for a free Coal Flats Blues Fest to be held at the east beach in Port
Burwell September 4,2004 from 12 noon until 10:00 - 11:00 p.m. Mr.Lozon reviewed the
proposal noting that the group is applying for incorporation as a non-profit organization and that
the OtterValley Optimist Club will organize the fenced-in beer/wine tents. Food booths will be
set up and security provided. It is expected that enough sponsors will contribute to cover the cost
of the entertainment by the end of July. The group is currently seeking property owner approval
to park in the coal flats area. Parking fees are proposed to be$2.per vehicle. The group intends
to carry out a raffle lottery and hopes to have a banner installed across Robinson Street or Plank
Road. Closure of Robinson Street from Brock Street south to the beach was requested as well as
Municipal financial and in-kind support.
Item 6.1(a)
5. INFORMATION ITEMS
2004-326 Moved by M Schafer
Seconded by P Ens
"THAT Information Items 5(a)through 5(o)be received for information."
Disposition: Motion Carried Unanimously
(a) Edison Museum of Vienna Board draft minutes of meeting held June 15,2004.
File: C06
(b) County of Elgin correspondence dated June 17,2004 regarding Intersection Accidents.
File: A16
(c) Ontario Good Roads Association correspondence dated July 5,2004 regarding Highlights from
the OGRA Board of Directors' Meeting: June 18,2004.
File: A01
(d) Association of Municipalities of Ontario correspondence dated June 16 and 22,2004 regarding
"Government Moves to Restructure Electricity Sector","AMO Presents to Standing Committee
on Finance and Economic Affairs on Bill 83,the Budget Measures Act, 2004"and"2004 Review
of Municipal Act: Municipal Associations Prepare to Respond".
File: A01
(e) Ministry of Natural Resources News Release dated June 14,2004 regarding"New Bear Wise
Program will Make Communities Safer".
File: M06
(f) Ministry of Citizenship and Immigration correspondence dated June 2004 regarding Nominations
for Community Action Awards. (Application available)
File: M02
COUNCIL MINUTES - 142 - July 15, 2004
(g) Minister Responsible for Seniors correspondence dated June 2004 regarding Nominations for
Senior Achievement Awards. (Application available)
File: M02
(h) Correspondence dated June 30, 2004 from Anne Robinson&Associates regarding"Leisure
Trends Monitor"publication. (copy available)
File: M07
(i) Ministry of Consumer and Business Services correspondence dated June 12,2004 regarding
request for provision of records to MPAC.
File: L12
(j) Ministry of Finance correspondence dated June 15,2004 implementation of the new Northern
Prosperity Plan.
File: A01
(k) Ministry of the Attorney General correspondence dated June 25,2004 regarding"Former
Attorney General and Women's Issues Minister to Review Arbitrations Process".
File: M06
(1) Ministry of Health and Long-Term Care correspondence dated June 25, 2004 regarding Hospital
Reports 2003.
File: A16
(m) West Elgin Community Health Centre 2003—2004 Annual Report and Strategic Planning 2004
Final Report dated March 17, 2004.
File: S00
(n) Port Burwell Marine Museum Committee draft minutes of meeting held July 6,2004.
File: C06
(o) Detachment Commander's Report Elgin Group Police Services Board,April—May 2004.
File: P17
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Port Burwell Coal Flats Blues Festival agenda and related correspondence.
File: C13
2004-327 Moved by M Schafer
Seconded by M Taylor
"THAT the Port Burwell Coal Flats Blues Festival agenda and related correspondence be
received;
COUNCIL MINUTES - 143 - July 15,2004
THAT Council approves use of the east beach for the Coal Flats Blues Festival activities to
be held September 4, 2004,including a beer tent, subject to meeting the requirements of the
L.C.B.O.and the Municipal Alcohol Policy including those listed on the Outdoor Special
Occasion Permit Application,and also subject to:
• the applicable municipal building permit and/or sign permit be obtained from the
Chief Building Official and the necessary inspections undertaken;
• any required municipal permit fees be waived by Council;
• providing the municipality with proof of liability insurance to cover alI events
including naming the municipality as an additional insured;
• obtaining the necessary approvals from the Ontario Provincial Police and the
Bayham Fire Chief(as per completion of the Municipal Event Notice);
THAT all other terms and conditions of the municipal rental agreement remain in effect;
THAT Council directs Staff to prepare a by-law to close Robinson Street from Brock Street
to the east beach between 12:00 noon and 10:30 p.m.on Saturday September 4,2004;
THAT the Public Works Superintendent make the necessary arrangements for traffic
control and safety and provide approximately 30 barricades and additional garbage bins ;
THAT the County of Elgin be requested to grant permission for installation of a banner by
the applicants across County Road 19 at a place to be determined;
THAT for purposes of Section 7 of Noise By-law No.2001-57,as amended,this event is
designated as a Community Festival;
AND THAT the clean up of the east beach area and any costs thereof, be the responsibility
of the organizers."
Disposition: Motion Carried Unanimously
(b) Bayham Economic Development&Tourism Committee draft minutes of meeting held June 29,
2004 and Staff Memorandum regarding iCompass Technologies. (Proposed Amendment To
Budget)
File: D10
2004-328 Moved by M Schafer
Seconded by M Taylor
"THAT the draft minutes of the Bayham Economic Development& Tourism
Committee meeting held June 29,2004 and the Staff Memorandum dated July 9,
2004 be received;
AND THAT Council approves the subscription with iCompass Technologies Inc.for
website management and information referencing(iWeb and Most) in the amount
of$3,230 as outlined in the proposal dated July 6, 2004."
Disposition: Motion Defeated
COUNCIL MINUTES - 144 - JuIy 15,2004
(c) Copy of Port Burwell Optimist correspondence dated June 21,2004 from Northwest Protection
Services Ltd Society regarding 2004 Tub Daze security.
File: A01
2004-329 Moved by P Ens
Seconded by M Schafer
"THAT the correspondence to the Otter Valley Port Burwell Optimist dated June 21,2004
from Northwest Protection Services Ltd Society regarding 2004 Tub Daze security be
received;
AND THAT Council accepts the proposed security arrangements for Tub Daze as
submitted."
Disposition: Motion Carried Unanimously
(d) Correspondence dated June 27,2004 from Chris Galeckas regarding a proposed bicycle trail at
the Eden and Area Community Centre.
File: C13
2004-330 Moved by C Evanitski
Seconded by P Ens
"THAT the correspondence dated June 27/04 from Chris Galeckas be received;
AND THAT Council supports the proposed bicycle trail in Eden as submitted."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2004-331 Moved by P Ens
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) Application:
7:30 p.m.—Application to change zoning on a 5,580 m2(1.36 acre)parcel of land from the
Agricultural(Al)Zone to the Rural Residential(RR)Zone and on an approximately 42 hectare
(103 acre)parcel from the Agricultural(Al)Zone to the Special Agricultural(A2)Zone for lands
located in Part Lot 13, Concession 8,on the south side of Eden Line, east of Springer Hill Road
submitted by Duane Hicks.
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof None
COUNCIL MINUTES - 145 - July 15, 2004
3. Staff Presentation
Staff Report D2004-024 was presented by the Administrator.
4. Public Comments None
5. Council Comments and Questions None
6. Adjournment
2004-332 Moved by C Evanitski
Seconded by P Ens
"THAT the Public Meeting be adjourned at 7:35 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2004-333 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report D2004-024 be received;
AND THAT the zoning application submitted by Duane Hicks be denied."
Disposition: Motion Carried Unanimously
2004-334 Moved by M Schafer
Seconded by P Ens
"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) Application:
7:45 p.m.—Application to change zoning on a 4,085 m2(1.0 acre)parcel of land from the
Agricultural(Al)Zone to the Agricultural-Temporary(Al-T4)Zone for lands situated in Part
Lot 23, Concession 4, on the south side of Calton Line, east of Toll Gate Road submitted by
Darlene Chambers.
File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2004-023 was presented by the Administrator.
COUNCIL MINUTES - 146 - July 15,2004
4. Public Comments None
5. Council Comments and Questions None
6. Adjournment
2004-335 Moved by P Ens
Seconded by M Schafer
"THAT the Public Meeting be adjourned at 7:52 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2004-336 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report D2004-023 be received;
AND THAT the zoning of those lands located at 57361 Calton Line in Concession 4 North
Part Lot 23 be changed from Agriculture(A1)to Agricultural-Temporary 4(A1-T4)Zone
to allow for the temporary placement of a mobile home for a period of three(3)years for
the purpose of housing an elderly family member as specified in the rezoning application
submitted by property owner Darlene Chambers;
AND THAT Zoning By-law No.Z476-2004 be presented for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE &DRAINAGE
No Items
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending June 30, 2004.
File: P10
2004-337 Moved by P Ens
Seconded by M Taylor
"THAT the Building Permit Report for the month ending June 30,2004 be received for
information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 147 - July 15,2004
(b) Correspondence dated July 7, 2004 from the Township of Malahide regarding reduction of the
OPP service area.
File: P17
2004-338 Moved by C Evanitski
Seconded by P Ens
"THAT the correspondence dated July 7,2004 from the Township of Malahide be
received;
AND THAT Council approves the reduction of the OPP service area within the Township
of Malahide as requested."
Disposition: Motion Carried Unanimously
(c) Staff Report P2004-015 regarding 2004 By-law Enforcement Summary.
File: P01
2004-339 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report #P2004-015 regarding 2004 By-law Enforcement Summary be
received for information."
Disposition: Motion Carried Unanimously
(d) Staff Report P2004-016 regarding Process Servers.
File: P01
2004-340 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report#P2004-016 regarding Process Servers be received;
AND THAT Staff be authorized to hire process servers for all services outside the
geographic boundaries of the Municipality of Bayham."
Disposition: Motion Carried Unanimously
(e) Staff Report P2004-017 regarding Parking By-law Enforcement Issues.
File: T02Parking
2004-341 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report#P2004-017 regarding Parking By-law Enforcement Issues be received
for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 148 - July 15, 2004
(f) Staff Report PR2004-011 regarding AIM Power—Road Use Request.
File: T05
2004-342 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Report#PR2004-011be received;
AND THAT the Municipality of Bayham agree in principal to the location of hydro lines on
municipal road allowances;
AND THAT Staff be authorized to negotiate a road use agreement with AIM PowerGen
Corporation for consideration;
AND THAT the Municipality of Bayham express to Hydro One and the Province of Ontario
the need for cooperation by Hydro One respecting shared utility pole use to ensure that
additional power,particularly green power,remains feasible."
Disposition: Motion Carried
(g) Consideration of Noise By-law exemption for Country Camping on July 30—August 2, 2004.
2004-343 Moved by M Taylor
Seconded by M Schafer
"THAT the Council of the Municipality of Bayham grants exemption from Noise By-law
No.2001-57,as amended,for Mr.Brian Hamilton(Country Camping)for the purpose of
allowing musical entertainment after 11:00 pm., at Country Camping Inc.,6679
Woodworth Road,for the dates of July 30th to August 21,2004,such exemption to permit
musical entertainment to continue at the site until 1:00 a.m.on such dates;
AND THAT the additional weekend exemption,as requested,be considered at the next
meeting of Council."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION& PERSONNEL
CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 8296 to Cheque#8520 inclusive, except cheques# 8315, 8326,
8367 and 8371,totaling$ 868,954.35,Cash Requirements for the period ending July 31st and
Payroll Disbursements for the periods ending June 23 and July 7,2004 totaling$ 81,483.88.
COUNCIL MINUTES - 149 - July 15,2004
2004-344 Moved by P Ens
Seconded by C Evanitski
"THAT the Cheque Register being Cheque#8296 to Cheque#8520 inclusive, except
cheques#8315,8326,8367 and 8371,totaling$868,954.35,Cash Requirements for the
period ending July 31't and Payroll Disbursements for the periods ending June 23 and July
7,2004 totaling$81,483.88 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2004-027 regarding Connection Charges.
File: C11
2004-345 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report F2004-27 regarding connection charges be received;
AND THAT By-Law 2004-060 being a by-law amend by-law 2003-031 be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
(c) Staff Report F2004-028 regarding Financial Report for the period ending June 30,2004.
File: F03
2004-346 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report F2004-028 regarding financial reporting for the period ending June
30,2004 be received for information."
Disposition: Motion Carried Unanimously
(d) Staff Report F2004-029 regarding Folding Machine.
File: F05
2004-347 Moved by M Schafer
Seconded.by M Taylor
"THAT Staff Report F2004-029 be received;
That Staff be authorized to lease an Office Right Mailer from Pitney Bowes at the cost
noted in the quote from Pitney Bowes."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 150 July 15, 2004
(e) Correspondence dated July 11, 2004 from Allan Spicer regarding Recognition. Mr. Spicer was
requested to undertake a local survey to determine support of his request to name the turnaround
at the east beach in Port Burwell"David Mason Square".
File: C13
(f) Staff Report H2004-002 regarding Proposals—Organizational Review.
File: H05
2004-348 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report 112004-002 regarding Proposals—Organizational Review be received;
AND THAT Staff be directed to arrange presentations by Personnel Management
Associates and HarVan Consulting."
Disposition: Motion Carried Unanimously
(g) County of Elgin correspondence dated June 10,2004 regarding restructuring of governance and
deliverance of public health in Ontario.
File: Cl0
2004-349 Moved by P Ens
Seconded by M Taylor
"THAT the County of Elgin correspondence dated June 10,2004 be received;
AND THAT the Council of the Municipality of Bayham fully supports the resolution passed
by the County of Elgin on June 8, 2004 regarding restructuring of governance and
deliverance of public health in Ontario."
Disposition: Motion Carried Unanimously
(h) Letter of Agreement between the Ontario Trillium Foundation and the Bayham Historical Society
regarding funding approved.
File: F11
2004-350 Moved by M Schafer
Seconded by M Taylor
"THAT the Letter of Agreement between the Ontario Trillium Foundation and the Bayham
Historical Society regarding funding in the amount of$55,000 to develop a cultural plan be
received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 151 - July 15,2004
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Staff Report E2004-007 regarding Purchase of Pick-up Truck for the Water/Wastewater
Department. Staff was directed to have the truck painted red.
File: F18
2004-351 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report E2004-007 regarding Purchase of Pick-up Truck for the Water
/Wastewater Department be received;
AND THAT Council approves the acquisition of the 1998 GMC half ton truck from Cain's
Auto Sales at a cost of$10,000 plus taxes."
Disposition: Motion Carried Unanimously
(b) Township of Malahide correspondence dated June 24,2004 regarding Biosolids.
File: A16/C10
(c) Email correspondence dated July 9,2004 from Glen White regarding Tires on the beach.
File: C13
2004-352 Moved by M Taylor
Seconded by M Schafer
"THAT the email correspondence dated July 9,2004 from Glen White regarding Tires on
the beach be received:
AND THAT the correspondence be forwarded to the local M.P. and M.P.P. and the Elgin-
St. Thomas Health Unit and a copy sent to Mr.White."
Disposition: Motion Carried Unanimously
(d) Staff Report E2004-008 regarding Sewage Treatment Plant—Exfiltration Gallery.
File: E01
2004-353 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report E2004-008 be deferred."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 152 - July 15,2004
EXTENTION OF LENGTH OF MEETING
2004-354 Moved by P Ens
Seconded by M Taylor
"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 July 15,2004."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
CORRESPONDENCE&REPORTS
2004-355 Moved by P Ens
Seconded by M Taylor
"THAT the Council do now rise to enter into an"In Camera"Session of Committee of the
Whole to discuss confidential legal and personnel matters."
Disposition: Motion Carried Unanimously
2004-356 Moved by P Ens
Seconded by M Taylor
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
(a) Confidential Staff Report H2004-003 regarding a legal matter.
File: H
2004-357 Moved by M Schafer
Seconded by P Ens
"THAT the Council of the Municipality of Bayham approves the draft Letter of
Understanding with CUPE Local 35.4;
AND THAT a by-law authorizing the Mayor and Clerk to execute the Letter of
Understanding be prepared for enactment."
Disposition: Motion Carried Unanimously
(b) Confidential Staff Memorandum dated June 29,2004 regarding a personnel matter.
File: H05
COUNCIL MINUTES - 153 - July 15, 2004
2004-358 Moved by P Ens
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham approves the Memorandum of
Agreement with CUPE Local 35.4;
AND THAT a by-law authorizing the Mayor and Clerk to execute the Memorandum of
Agreement be prepared for enactment."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law Z476—2004 A By-law to Amend B/L Z456-2003 (Chambers)
By-law Z477—2004 A By-law to Amend B/L Z456-2003 (Hicks) (Not passed)
By-law 2004—060 A By-law to Amend Sewer Rates B/L 2003-031
By-law 2004—066 A By-law to Assume&Establish Lands as Public Hwy(Chapel St.)
By-law 2004—067 A By-law to confirm all actions of Council
2004-359 Moved by P Ens
Seconded by M Taylor
"THAT By-laws Z476-2004,2004-060, and 2004-066 be read a first, second and third time
and finally passed."
Disposition: Motion Carried Unanimously
2004-360 Moved by P Ens
Seconded by M Taylor
"THAT confirming By-law 2004-067 be read a first, second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-361 Moved by M Taylor
Seconded by P Ens
"THAT the meeting be adjourned at 10:50 p.m."
Disposition: Motion Carried Unanimously
(9Vii,}3 06-L1
MAYOR j CLERK
Date Approved: 1O