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HomeMy WebLinkAboutSeptember 01, 2005 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160,9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday September 1,2005 7:00 p.m. 8:00 p.m.Public Meeting-Drainage The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. Thursday, September 1, 2005 in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor Mathew Schafer,Councillors Mark Taylor, Paul Ens and Cliff Evanitski,Administrator Kyle Kruger and Clerk Lynda Millard. Drainage Superintendent Dwayne Daniel and Treasurer Suzanna Mantel 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 None 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held August 18,2005 2005-486 Moved by M Schafer Seconded by P Ens "THAT the minutes of the regular meeting of the Municipality of Bayham held August 18, 2005 be approved as circulated." Disposition: Motion Carried ADDITION OF AGENDA ITEM 2005-487 Moved by M Schafer Seconded by M Taylor "THAT in accordance with Section 21 of Procedural By-law 2002-93,the resolution from the City of Port Colbourne be added to the agenda as item 9.1(i)." Disposition: Motion Carried Unanimously 4. DELEGATIONS None COUNCIL MINUTES - 274 - Sept. 1, 2005 5. INFORMATION ITEMS 2005-488 Moved by C Evanitski Seconded by M Taylor "THAT Information Items 5(a)through 5(h)be received for information." Disposition: Motion Carried Unanimously (a) Alzheimer Advocate newsletter Summer 2005 edition and Annual Commitment to Care Conference brochure. File: M07 (b) Ontario Heritage Foundation correspondence dated August 10, 2005 regarding 2005 Heritage Community Recognition Program. File: M02 (c) Email correspondence dated August 18,2005 regarding Emerald Ash Borer-Latest Information. File: A16 (d) Elgin County OPP News Release regarding"Back to School Safety Checklist". File: M06 (e) Canadian Industry Program for Energy Conservation correspondence received August 15,2005 regarding 2003-2004 Annual Report. File: Al 6 (f) Association of Municipalities of Ontario correspondence dated August 23 and 24,2005 regarding "Federal Gas Tax Implementation Update"and"Conference Update: Waste Issues". File: A01 (g) The Ontario Aggregate Resources Corporation correspondence dated August 2005 regarding the 2004 Annual Report(full report available). File: A01 (h) Trails Design Workshop being held in Ingersoll on November 10 and 11. File: D00 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM I. CORRESPONDENCE&REPORTS (a) Staff Report D2005-042 regarding Magyar Severance Application-Three Lots(Culloden Road). File: D10.05 COUNCIL MINUTES - 275 - Sept. 1, 2005 2005-489 Moved by C Evanitski Seconded by P Ens "THAT Staff Report D2005-042 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance applications E80105 and E81/05,submitted by Joseph and Mary Lynne Magyar, be approved subject to: 1. $500 cash-in-lieu payment to the Municipality for each created lot 2. water testing on each lot to determine quality and quantity suitable for residential use 3. municipal lot assessments on each lot to determine soil suitability for private septic systems 4. a grading plan being submitted to the municipality 5. a copy of the final survey provided to the municipality." Disposition: Motion Carried Unanimously (b) Staff Report D2005-043 regarding Peters Severance Application. File: D10.05 2005-490 Moved by P Ens Seconded by C Evanitski "THAT Staff Report D2005-043 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E72/05, submitted by Abraham and Emma Peters,be approved subject to: 1. $500 cash-in-lieu payment to the Municipality 2. a copy of the final survey provided to the municipality." Disposition: Motion Carried Unanimously (c) Staff Report F2005-27 regarding Development Charge Study/Capital Forecast. File: F 2005-491 Moved by M Schafer Seconded by C Evanitsld "THAT Staff Report F2005-27 be received; AND THAT C.N. Watson and Associates be retained to carry out Development Charge, Long Term Capital Forecast, and Water/Wastewater Cost Recovery projects in accordance with their proposal dated September 14,2004." Disposition: Defeated COUNCIL MINUTES -276 - Sept. 1, 2005 (d) Staff Report D2005-044 regarding VanLeeuwen/Spanjers Severance Applications. File: D10.05 2005-492 Moved by C Evanitsld Seconded by P Ens "THAT Staff Report D2005-044 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E82105, submitted by Gerrit and Antonia VanLeeuwen,be approved subject to the severed parcel being merged in title with the adjacent property identified as assessment roll#34-01-000-006-11820 owned by Richelle Spanjers and Gary VanLeeuwen; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E83/05, submitted by Richelle Spanjers and Gary VanLeeuwcn, be approved subject to a final survey being submitted to the municipality." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) County of Elgin correspondence dated August 23,2005 regarding Vienna Bridge South— OSTAR Permanent Signage. File: A16 2005-493 Moved by P Ens Seconded by M Schafer "THAT the County of Elgin correspondence dated August 23,2005 regarding Vienna Bridge South—OSTAR Permanent Signage be received; AND THAT the Council of the Municipality of Bayham supports naming the south bridge in Vienna"Edison Bridge." Disposition: Motion Carried Unanimously (b) Correspondence dated August 16,2005 from Hennessey Gibson Hogan regarding transfer of Part of Glen Erie Line to the County of Elgin. File: L07 2005-494 Moved by M Schafer Seconded by P Ens "THAT the correspondence dated August 16,2005 from Hennessey Gibson Hogan be received; COUNCIL MINUTES - 277 - Sept. 1, 2005 AND THAT By-law 2005-079, being a by-law to authorize the removal of part of the road allowance between Concessions 1 and 2,Municipality of Bayham, known as Glen Eric Line, as set out as Part 1 on Reference Plan 11r-8364 from the municipal highway system and further to authorize the Mayor and CIerk to execute a transfer/deed of land of such highway in favour of the Corporation of the County of Elgin as an upper tier highway, be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 2005-495 Moved by M Taylor Seconded by C Evanitski "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously Application: (a) 8:00 p.m.-Consideration of Engineer Report 205067 dated May 30,2005,prepared by Spriet Associates regarding the"Richmond Road Drain". File: E09 2. Declaration of Pecuniary Interest and the General Nature Thereof Mayor Acre disclosed an interest, relinquished the Chair to Deputy Mayor Schafer and did not discuss nor vote on this matter. 3. Engineer I Staff Presentation Staff Report DR2005-008 and Engineer Report 205067 were updated by the Drainage Superintendent. He advised that completion of the Elgin County Drain Outlet will address the concerns raised in this regard. 4. Public Comments None 5. Council Comments and Questions Councillor Evanitski advised that Long Point Region Conservation Authority staff could provide assistance in solving the erosion issues. 6. Disposition of Item 2005-496 Moved by M Taylor Seconded by C Evanitski "THAT in accordance with Chapter 14,Sections 44 to 46 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts the Engineer's Report#205067 dated May 30,2005 as prepared by Spriet Associates and referred to as the "Richmond Road Drain"; COUNCIL MINUTES - 278 - Sept. 1, 2005 AND THAT Provisional By-law No. 2005-065 be given first and second reading; AND THAT a date of October 6,2005 be set for the first sitting of the Court of Revision; AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46 of the Drainage Act." Disposition: Motion Carried 7. Adjournment 2005-497 Moved by P Ens Seconded by M Taylor "THAT the Public Meeting be adjourned at 8:50 p.m." Disposition: Motion Carried 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Application for Noise By-law Exemption dated August 25,2005 submitted by Mike Whitcroft. File: C13 2005-498 Moved by M Schafer Seconded by M Taylor "THAT the Noise By-law exemption request submitted by Mike Whitcroft be received; AND THAT approval be considered by Council at the meeting to be held September 15, 2005." Disposition: Motion Carried Unanimously (b) Staff Report P2005-017 regarding Disposal of Surplus Fire Department Pumper Truck. File: P16 2005-499 Moved by C Evanitski Seconded by M Schafer "THAT Staff Report P2005-017 be received; AND THAT Staff be authorized to dispose of the surplus 1975 International pumper truck as outlined in the Report." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 279 - Sept. 1,2005 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 10691 to Cheque# 10774 inclusive, except Cheques# 10748 totaling$223,285.46, Cash Requirements for the period ending August 15th and Payroll Disbursements for the periods ending July 31 and August 14, 2005 totaling 83,271.72. 2005-500 Moved by P Ens Seconded by M Taylor "THAT the Cheque Register,being Cheque# 10691 to Cheque# 10774 inclusive, except Cheques# 10748,totaling$223,285.46,Cash Requirements for the period ending August 15th and payroll disbursements for the periods ending July 31`t and August 14th in the amounts of$42,024.78 and$41,246.94 be approved." Disposition: Motion Carried Unanimously (b) Staff Report F2005-29 regarding Financial Reporting for the period ending July 31st File: F03 2005-501 Moved by P Ens Seconded by C Evanitski "THAT Staff Report F2005-29 regarding financial reporting for the period ending July 31, 2005 be received for information." Disposition: Motion Carried Unanimously (c) Staff Report F2005-30 regarding Accounting Software. File: F05 2005-502 Moved by C Evanitski Seconded by M Schafer "THAT Staff Report F2005-30 regarding Accounting Software be received; AND THAT Staff be authorized to purchase the Keystone Complete software as outlined in the report." Disposition: Motion Carried Unanimously (d) London Health Sciences Centre correspondence dated August 22, 2005 regarding Southwest Region Cancer Services, Community Consultations Final Report. File: S08 COUNCIL MINUTES - 280 - Sept. 1,2005 2005-503 Moved by P Ens Seconded by C Evanitski "THAT the London Health Sciences Centre correspondence dated August 22,2005 regarding Southwest Region Cancer Services, Community Consultations Final Report be received; AND THAT the report be forwarded to the Bayham Community Health Action Committee for information." Disposition: Motion Carried Unanimously (e) Staff Report C2005-020 regarding Volunteer Recognition Program File: A16 2005-504 Moved by C Evanitski Seconded by M Taylor "THAT Staff Report C2005-020 be received; AND THAT the Citizen of the Year and Community Recognition Program as outlined in the report be implemented commencing December 2005." Disposition: Motion Carried Unanimously (f) Staff Report PR2005-011 regarding Designation of Lands as Part of Road System. File: T 2005-505 Moved by M Taylor Seconded by M Schafer "THAT Staff Report PR2005-011 be received; AND THAT By-law 2005-081, being a by-law to assume and establish lands in the Municipality of Bayham as part of the open public highway system (Soper Road and Old Mill Line),be presented to Council for enactment." Disposition: Motion Carried Unanimously (g) Tourism Sub-Committee draft minutes of meeting held August 24,2005. File: C06 2005-506 Moved by P Ens Seconded by M Taylor "THAT the draft minutes of the Tourism Sub-Committee be received; THAT the sub-committee be permitted to trim the tree at the East Beach and the Public Works department dispose of trimmings; COUNCIL MINUTES - 281 - Sept. 1, 2005 AND THAT Staff make arrangements as follows: • install a flag at the Ceneotaph at the Vienna Memorial Park, • place picnic tables on the east beach, • install"Use at Own Risk"signage at the Vienna basketball court, • tree branches around the East Beach pole light be trimmed and disposed of, • remove the dead maple tree at the Vienna Park." Disposition: Motion Carried Unanimously (h) Staff Memorandum dated August 29th regarding 2005 Street Light Installations. File: F05 2005-507 Moved by P Ens Seconded by C Evanitski "THAT Staff Memorandum dated August 29th be received; AND THAT new streets lights be installed as follows: • Corinth -2, 1 north and 1 south of the main corner on the poles closest to the Corinth sign on Culloden Road, • Vienna—2, 1 at the corner of Walnut and Water Streets and 1 at the north end of North Street between Walnut and Chapel Streets, • Straffordville—2,at Heritage Line west by the cemetery,between#55984 and 56018, • Vienna—2, 1 at the intersection of Soper Road and Light Line and 1 at the intersection of Soper Road and Old Mill Line." Disposition: Motion Carried Unanimously (i) Correspondence from the City of Port Colbourne dated August 23, 2005 regarding Eligibility for Lottery Licensing Municipal Museums and Public Libraries. File: C10 2005-508 Moved by M Taylor Seconded by M Schafer "THAT the City of Port Colbourne correspondence dated August 23rd be received; AND THAT the Council of the Municipality of Bayham supports the resolution passed by the City of Port Colbourne on August 8, 2005 regarding Eligibility for Lottery Licensing Municipal Museums and Public Libraries." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 282 - Sept. 1,2005 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Correspondence dated August 27 from Allan Spicer regarding Sewer Rate Inequity. File: C13 2005-509 Moved by M Taylor Seconded by P Ens "THAT the correspondence dated August 27,2005 from Allan Spicer regarding Sewer Rate Inequity be received; AND THAT the comments provided be considered, along with other options, upon review of the water and sewer rates by-law." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2005-510 Moved by P Ens Seconded by M Schafer "THAT the Council do now rise to enter into an"In Camera"Session of Committee of the Whole to discuss: u personal matters about an identifiable individual,including municipal or local board employees; ❑ litigation or potential litigation,including matters before administrative tribunals, affecting the municipality or local board." Disposition: Motion Carried Unanimously 2005-511 Moved by M Taylor Seconded by P Ens "THAT the Committee of the Whole do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Confidential correspondence received July 5,2005 regarding a personal matter. (b) Verbal Report regarding a legal matter. COUNCIL MINUTES -283 - Sept. 1,2005 12. BY-LAWS By-taw 2005-065 A By-law to Provide for Drainage Works-Richmond Road(Provisional B/L-1 &2'"t reading only) By-law 2005 079 A By-law to Transfer Part of Glen Erie Line to County of Elgin By-law 2005 081 A By-law to Establish Lands as Part of Public Highway(Soper&Old Mill Line) By-law 2005—080 A By-law to confirm all actions of Council 2005-512 Moved by C Evanitski Seconded by P Ens "THAT By-law 2005-065 to provide for Richmond Road Drainage Works be given 1s`and rd reading." Disposition: Motion Carried Unanimously 2005-513 Moved by M Schafer Seconded by M Taylor "THAT By-laws 2005-079 and 2005-081 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 2005-514 Moved by M Taylor Seconded by M Schafer "THAT confirming By-law 2005-080 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2005-515 Moved by M Schafer Seconded by M Taylor "THAT the meeting be adjourned at 9:09 p.m." Disposition: Motion Carried Unanimously MAYOR ' CLERK fes T'6\ rL Date Approved::q jr. `/570 5'