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HomeMy WebLinkAboutDecember 15, 2005 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM VIENNA COMMUNITY CENTRE 26 Fulton Street,Vienna Thursday December 15,2005 6:00 p.m. 8:00 p.m.Volunteer Awards Presentations The regular meeting of the Council of the Municipality of Bayham was held beginning at 6:00 p.m. Thursday,December 15, 2005 in the main auditorium at the Vienna Community Centre. Present were Mayor Lynn Acre,Deputy Mayor Mathew Schafer, Councillors Mark Taylor,Paul Ens and Cliff Evanitski,Administrator Kyle Kruger and Clerk Lynda Millard. Chief Building Official/Drainage Superintendent Dwayne Daniel was in attendance to present his reports. The Clerk vacated the meeting during discussion of item 11.1(a) Volunteer& Community Awards Presentations were held following the regular meeting beginning at 8:00 p.m. This was the first of an annual community volunteer recognition and award night held by Council. Due to a heavy snowstorm throughout the day, attendance was about seventy(70) including local media representatives. Musical entertainment was provided by Robert and Hellen Ronson(M& M's plus Elvis). All volunteers appointed to Municipality of Bayham Committees by Council were recognized and presented with a gift of a mug and Canada flag and Bayham"Opportunity"lapel pins by Council members. Each retiring committee member was also presented with a Certificate of Recognition. Community Award Nominees were: Carl Biro, Shirley Biro,Alex(Choo)Boros, George Bueckert, Wayne Casier, Cindy Franklin,Bob Graham,Jenny Grandbois, Stanley James,Carol Judd,Kyle Judd, Tom Millard,Merlin Norris,Barbara Rycquart,Kim Tait and Harris Teall. An"In Memoriam"certificate in honour of Sharon Reiser was presented by Mayor Acre to Sharon's sister Shelley VanDenBrant,who accepted on behalf of the family. Community Awards were presented by Deputy Mayor Mathew Schafer to Harris Teall and Wayne Casier. The Citizen of the Year Award was presented to Shirley Biro by Mayor Lynn Acre. A social time followed with Council members serving cake and ice cream to all the volunteers,families and friends present. 1. CALL TO ORDER Mayor Lynn Acre called the meeting•to order at 6:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None COMMITTEE OF THE WHOLE Council considered Item 11.1(a)prior to other items on the agenda and moved to the basement area for discussion. COUNCIL MINUTES - 356 - December 15, 2005 2005-690 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 personal matters about an identifiable individual,including municipal or local board employees." Disposition: Motion Carried Unanimously 2005-691 Moved by M Taylor Seconded by C Evanitski "THAT the Committee of the Whole do now rise from the"In Camera"Session." Disposition: Motion Carried Unanimously 3. APPROVAL OF MINUTES Minutes of the Special Meeting of Council held December 1, 2005 Minutes of the Regular Meeting of Council held December 1,2005 2005-692 Moved by C Evanitski Seconded by M Schafer "THAT the minutes of the special meeting of the Municipality of Bayham held December 1, 2005 be approved as circulated." Disposition: Motion Carried Unanimously 2005-693 Moved by P Ens Seconded by M Taylor "THAT the minutes of the regular meeting of the Municipality of Bayham held December 1, 2005 be approved as circulated." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS •2005-694 Moved by M Taylor Seconded by P Ens "THAT Information Items 5(a)through 5(p)be received for information." Disposition: Motion Carried Unanimously (a) Federation of Canadian Municipalities correspondence dated November 23,December 6, 7, 8, 2005 regarding"Sustainable Community Awards","Gloria Kovach becomes new FCM COUNCIL MINUTES - 357 - December 15, 2005 President", "Election Alert"and "First FCM Technical Mission to Sri Lanka in Progress as Tsunami Anniversary Approaches". File: A16 (b) Email correspondence dated December 3/05 from Ray Talbot in appreciation of the winter control done by Public Works Staff. File: M04 (c) Leona Dombrowsky,Minister of Agriculture,Food and Rural Affairs correspondence dated November 30/05 responding to our correspondence requesting funding mechanisms for agriculture and rural development initiatives. File: M02 (d) Bayham Culture Committee minutes of meeting held October 14,2005. File: C06 (e) Association of Municipalities of Ontario correspondence dated November 28,December 1,2, 5 and 7, 2005 regarding"Province to amend Taxpayer Protection Act to exempt municipal governments—open door to new revenue tools","$51 million in Funding to Municipalities for Source Water Protection", "Environment Canada Accepting Applications for Funding Under the Invasive Alien Species Program","Government Introduces Source Protection Bill","Bill 123 The Transparency in Public Matters Act Recommended for Third Reading"and"Provincial Auditor Releases Report on Land Ambulance". File: A01 (f) Museums Bayham draft minutes of meeting held November 8. File: C06 (g) Eden and Area Community Centre correspondence regarding 2005 activities and Membership form. File: M07 (h) Aylmer and Area Chamber of Commerce Newsletter December 2005 edition. File: M07 (i) Alzheimer Advocate newsletter Winter issue December 2005. File: M07 (j) Notes of Elgin Municipal Cultural Planning Review meeting held November 29`11. File: RO0 (k) Ontario Mayors for the Future of Agriculture minutes of meeting held November 24, 2005. File: A16 (1) the TaTTLer, a newsletter of the Thames Talbot Land Trust received December 8, 2005. File: M07 (m) The Power Workers'Union correspondence dated November 2005 regarding PWU Documentary —"A Better Plan" File: A01 COUNCIL MINUTES - 358 - December 15, 2005 (n) Ontario Good Roads Association correspondence dated December 7,2005 regarding Report of the OGRA Nominating Committee. File: A16 (o) Email correspondence dated December 12, 2005 regarding the Emerald Ash Borer—Latest Information. File: A16 (p) John Yakabuski MPP News Release dated December 9"'regarding Private Members' Bill. File: A16 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Staff Report D2005-062 regarding Wind Farm Site Plans and Road Use Agreements. File: L04 2005-695 Moved by M Taylor Seconded by C Evanitski "THAT Staff Report D2005-062 be received; AND THAT Road Use By-laws No.2005-127 and 2005-128 be deferred,and Site Plan By-Iaws No.2005-129 through 2005-137 inclusive,be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Correspondence dated November 17, 2005 from Roy and Nancy Gardner regarding Heritage Line (cast) concerns. File: C13 2005-696 Moved by C Evanitski Seconded by P Ens "THAT the correspondence dated November 17,2005 from Roy and Nancy Gardner regarding Heritage Line(east)concerns be received; AND THAT the correspondence be forwarded to Elgin County Council and copied to the County Engineer for consideration of appropriate actions to be taken, AND THAT the OPP be requested to set up periodic radar in this area." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 359 - December 15,2005 (b) Staff Report DR2005-015 regarding Peters Drain, 2006 Extension—Petition filed by Magyar. File: E09 2005-697 Moved by M Schafer Seconded by P Ens "THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for the drainage extension of the Peters Drain,in Lot 5, Concession 8,near the Hamlet of Corinth; AND THAT Staff Report DR2005-015 regarding the petition for drainage work for an extension of the Peters Drain—2006 Extension be received; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers,to prepare a preliminary report on the proposed drainage area,pursuant to Section 5 of the Drainage Act,for Council's consideration; AND THAT Staff be directed to mail Notices for the"On-Site Meeting"to be held with the engineers,to all persons assessed to this drainage works,in accordance with the Drainage Act." Disposition: Motion Carried Unanimously (c) Staff Report DR2005-016 regarding Bartley Drain,Branch"C"-Petition filed by Magyar. File: E09 2005-698 Moved by P Ens Seconded by M Taylor "THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for the drainage extension of the Bartley Drain—Branch"C",in Lot 6, Concession 8,near the Hamlet of Corinth; AND THAT Staff Report DR2005-016 regarding the petition for drainage work for an extension of the Bartley Drain—Branch"C"be received; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers,to prepare a preliminary report on the proposed drainage area,pursuant to Section 5 of the Drainage Act,for Council's consideration; AND THAT Staff be directed to mail Notices for the"On-Site Meeting"to be held with the engineers,to all persons assessed to this drainage works,in accordance with the Drainage Act." Disposition: Motion Carried Unanimously (d) Staff Report DR2005-017 regarding Henry Street Drain(Corinth). File: E09 COUNCIL MINUTES - 360 - December 15,2005 2005-699 Moved by C Evanitski Seconded by P Ens "THAT Staff Report DR2005-017 regarding the Henry Street Drain be received; AND THAT the Council of the Municipality of Bayham acknowledges the filing with the Clerk of Report No.204237 for the Corinth Drain,Henry Street Branch,prepared by the Engineer, Spriet Associates,on November 30,2005; AND THAT the Municipality proceed with the Report; AND THAT Council set a date of January 12,2006 at 8:00 p.m.for a Public Meeting to consider the Report; AND THAT the Clerk be directed to mail Public Notices and Reports to all persons assessed to this drainage works,in accordance with the Drainage Act." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Building Permit Report for the period ending November 30th. File: P10 2005-700 Moved by M Taylor Seconded by P Ens "THAT the Building Permit Report for the period ending November 30th be received for information." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 11190 to Cheque# 11314 inclusive, except cheques# 11190, 11200, 11201 and 11313 totaling$996,666.54, Cash Requirements for the period ending December 31St and Payroll Disbursements for the period ending December 4th totaling $ 92,405.19. 2005-701 Moved by C Evanitski Seconded by M Taylor "THAT the Cheque Register, being Cheque # 11190 to Cheque # 11314 inclusive, except cheques # 11190, 11200, 11201 and 11313, totaling $996,666.54, Cash Requirements for the period ending December 31St and Payroll Disbursements for the period ending December 4th,totaling$92,405.19 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 361 - December 15, 2005 (b) Staff Report F2005-42 regarding Financial Reporting for the period ending November 30th File: F03 2005-702 Moved by M Taylor Seconded by C Evanitski "That Staff Report F2005-42 regarding financial reporting for the period ending November 30th be received for information." Disposition: Motion Carried Unanimously (c) Port Burwell Marine Museum draft minutes of meeting held November 1,2005. File: C06 2005-703 Moved by M Schafer Seconded by M Taylor "THAT the Port Burwell Marine Museum draft minutes of meeting held November 1,2005 be received; AND THAT By-law 2005-126,being a by-law to further amend appointments By-law 2005-001, be presented to Council for enactment." Disposition: Motion Carried Unanimously (d) Bayham Community Centres Committee draft minutes of meeting held November 24, 2005. File: C06 2005-704 Moved by M Taylor Seconded by M Schafer "THAT the Bayham Community Centres Committee draft minutes of meeting held November 24,2005 be received; AND THAT Council authorizes the transfer of funds from the 2005 Community Centres capital budgets remaining at December 319`to the Vienna and the StraffordviIle Community Centre Reserve Funds; AND THAT Council directs Staff to ensure arrangements for pick up of additional garbage bags weekly at the Straffordville and Vienna Community Centres are included in the renewal of the waste management contract." Disposition: Motion Carried Unanimously (e) Bayham Culture Committee draft minutes of meeting held November 30th plus revised proposed structure as approved by the BCC and Administrator's Report A2005-007regarding Bayham Culture Plan-Implementation. File: L04 COUNCIL MINUTES - 362 - December 15,2005 2005-705 Moved by M Schafer Seconded by P Ens "THAT the Bayham Culture Committee draft minutes of meeting held November 306 be received; AND THAT Council supports the revised proposed structure as recommended by the Bayham Culture Committee; AND THAT Staff, Committee and Board members commence with implementation of the new Economic Development/Tourism/Culture Structure as revised." Disposition: Motion Carried Unanimously (I) Staff Report L2005-001 regarding 2006 Municipal Insurance Renewal. File: L05 2005-706 Moved by M Schafer Seconded by P Ens "THAT the 2006 Municipal Insurance program be obtained from Jardine Lloyd Thompson Canada Inc. at a premium of$92,913 plus applicable taxes." Disposition: Motion Carried Unanimously (g) Staff Report L2005-002 regarding amendment to the Almond Façade Program. (Withdrawn,from agenda) File: L04 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Elgin County Tree Commissioner correspondence dated December 5,2005 regarding tree planting proposals. File: E04 2005-707 Moved by C Evanitski Seconded by M Schafer "THAT the correspondence dated December 5,2005 from the Elgin County Tree Commissioner regarding tree planting proposals be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 363 - December 15, 2005 11. COMMITTEE OF THE WHOLE L CORRESPONDENCE&REPORTS (a) Staff Report H2005-003 regarding a confidential personal matter. File: H05 2005-708 Moved by P Ens Seconded by M Taylor "THAT By-law 2005-140,being a by-law to appoint staff to perform duties under the Ontario Building Code Act,be presented to Council for enactment." Disposition: Motion Carried Unanimously 12. BY-LAWS By-law 2005— 126 A By-law to further amend Appointments By-law 2005-001 By-law 2005— 127 A By-law to Authorize a Road Use Agreement with Carvalho By-law 2005— 128 A By-law to Authorize a Road Use Agreement with Steyaert By-law 2005—129 A By-law to Authorize a Site Plan Agreement with Dujardin(Lot 19) By-law 2005— 130 A By-law to Authorize a Site Plan Agreement with Dujardin(Lot 20) By-law 2005— 131 A By-law to Authorize a Site Plan Agreement with Szakal By-law 2005— 132 A By-law to Authorize a Site Plan Agreement with Dujardin(Lot 22) By-law 2005—133 A By-law to Authorize a Site Plan Agreement with Carvalho By-law 2005—134 A By-law to Authorize a Site Plan Agreement with Steyaert&Janssens By-law 2005— 135 A By-law to Authorize a Site Plan Agreement with Abbott By-law 2005— 136 A By-law to Authorize a Site Plan Agreement with Sandy Shore By-law 2005— 137 A By-law to Authorize a Site Plan Agreement with Sandy Shore By-law 2005—139 A By-law to Amend By-law 2005-086 (withdrawn) By-law 2005— 140 A By-law to Appoint Staff to Conduct Duties Under the Ontario Building Code Act(added) By-law 2005— 138 A By-law to confirm all actions of Council COUNCIL MINUTES - 364 - December 15, 2005 2005-709 Moved by M Taylor Seconded by M Schafer "THAT By-laws 2005-126,2005-129,2005-130,2005-131,2005-132,2005-133,2005-134, 2005-135,2005-136,2005-137 and 2005-140 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2005-710 Moved by C Evanitski Seconded by M Taylor "THAT confirming By-law 2005-138 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2005-711 Moved by M Taylor Seconded by M Schafer "THAT the meeting be adjourned at 7:15 p.m." Disposition: Motion Carried Unanimously MAYOR , , z I _At CLERK 4- 110/4 Date Approved: 8.12,Thz,&./..46- /a/n�,