HomeMy WebLinkAboutOctober 06, 2005 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday October 6,2005
7:00 p.m.
8:00 p.m. Court of Revision(Drainage)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m.
Thursday, October 6,2005 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. Planning Co-ordinator Margaret Underhill,Drainage Superintendent/Chief
Building Official Dwayne Daniel and Treasurer Suzann 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
Mayor Acre declared an interest in item 7.2(a)as she is a property owner affected by the
proposed to the Richmond Road Drainage works and vacated the chair during discussion of this
matter.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held September 15, 2005
2005-547 Moved by M Schafer
Seconded by P Ens
"THAT the minutes of the regular meeting of the Municipality of Bayham held September
15,2005 be approved as circulated."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
7:05 p.m.—George Thiessen or Representative,Gospel Lighthouse Church was in attendance
regarding water billing. He requested Council consider waiver of a partial amount of the costs
incurred. He advised that payment arrangements for payment of the total amount were not
necessary. Item 10.1(a)
5. INFORMATION ITEMS
2005-548 Moved by C Evanitski
Seconded by M Taylor
"THAT Information Items 5(a)through 5(o)be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -297 - October 6, 2005
(a) County of Elgin correspondence dated September 26, 2005 regarding Warden's Banquet.
File: A16
(b) John D.Wiebe,Cyril J.Demeyere Limited correspondence dated September 13, 2005 regarding
retirement of Cyril Demeyere.
File: A05
(c) The Elgin County Library Newsletter, "The Library Compass"Fall 2005 edition.
File: M07
(d) Elgin St.Thomas Health Unit newsletter"Lifestyle Link"Fall 2005 edition.
File: M07
(e) Association of Municipalities of Ontario correspondence dated September 21, 27 and 30, 2005
regarding"Understanding Bill 206 -Proposed OMERS Reforms","OMERS—Costing
Information Released","Start of Session Status on Legislation Relating to Municipal
Governments"and"Towards Greater Efficiency! An Energy Reduction Workshop for
Municipalities".
File: A01/A04
(f) The Federation of Canadian Municipalities correspondence dated September 26,2005 regarding
"New Funding Opportunity for Brownfield Remediation".
File: A16
(g) Municipal Cultural Planning Forum to be held October 21 in Strathroy—9:00 a.m.—4:00 p.m.
File: A04
(h) "Marketing Partners in West Elgin"Seminar to be held October 22nd in Wallacetown— 1:30
4:00 p.m.
File: A04
(i) ATVOntario correspondence dated September 21st invitation to Seminar on Shared Use
Recreational Trails&Tourism Opportunity in Toronto.
File: A04
(j) Ministry of Municipal Affairs&Housing Pre-Conference Session"Creative Municipalities:
Linking Culture—Commerce—Community November 17, 2005 in London.
File: A04
(k) Ministry of Government Services News Release dated September 21,2005 regarding"Retail
Closings on Thanksgiving Day".
File: M06
(1) Ministry of Municipal Affairs&Housing News Release dated September 23rd regarding"Ontario
to Co-Lead Development of National Housing Framework".
File: M06
(m) Ministry of Agriculture,Food&Rural Affairs News Releases dated September 12, 16,28 and 29
regarding"Ontario Government Supporting Improved Access to Health Care", "Ontario
Government Supports Community Revitalization"and"Ontario Government Supports Quinte
Workforce Development".
File: M06
COUNCIL MINUTES - 298 - October 6, 2005
(n) East Elgin Community Complex Newsletter and Senior Express Bulletin,Fall 2005 editions.
File: M07
(o) Detachment Commander's Report Elgin Group Police Services Board June—August 2005.
File: P17
6. PLANNING, DEVELOPMENT,RECREATION &TOURISM
CORRESPONDENCE&REPORTS
(a) Staff Report D2005-051 regarding Nezezon Severance • Surplus Dwelling
File: D10
2005-549 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report D2005-052 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E93/05, submitted by Nez Farms Limited,be approved subject to:
1. $500 cash-in-lieu payment to the Municipality for one created lot
2. severed parcel be rezoned from Agriculture(Al)to Rural Residential(RR)
3. retained parcel be rezoned from Agriculture(Al)to Special Agriculture(A2)
4. removal to two standard kilns and one shed from the retained parcel
5. removal of one greenhouse,including the foundation,from the severed parcel
6. a copy of the final survey provided to the municipality."
Disposition: Motion Carried Unanimously
(b) Staff Report D2005-052 regarding Ward Severance—Lot Creation
File: D10
2005-550 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report D2005-051 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E90/05,submitted by Paul Ward,be approved subject to:
1. $500 cash-in-lieu payment to the Municipality for each created lot
2. the retained parcel comply with the Hamlet Residential zoning regulations
regarding accessory buildings
3. proof of adequate supply of potable water for the retained residential parcel
4. municipal lot assessment on the retained parcel
5. a copy of the final survey provided to the municipality
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -299 - October 6, 2005
(c) Correspondence dated September 12,2005 from Randall Pettigrew regarding servicing for
proposed severances. Mr.Pettigrew was in attendance to support his written request to permit
installation of septic services rather than to connect proposed lots to the sewer system.
D10
2005-551 Moved by M Schafer
Seconded by M Taylor
"THAT the correspondence dated September 12,2005 from Randall Pettigrew regarding
servicing for proposed severed lots on Old Mill Line(formerly Mill Street)be received for
information."
Disposition: Motion Carried Unanimously
(d) County of Elgin excerpt from minutes of meeting held July 26, 2005 regarding tree replanting.
File: C10
2005-552 Moved by M Schafer
Seconded by M Taylor
"THAT regarding the Tree Commissioner Application for Exception -Otter Valley Utility
Corridor by AIM Power Generation resolution as contained in the excerpt from the County
of Elgin minutes of meeting held July 26,2005,the Council of the Municipality of Bayham
requests the County of Elgin to ensure that the 10,500 trees be replanted in the Municipality
of Bayham area or that the donation of$15,750 be made to a local conservation authority
for the planting of trees in the Bayham area."
Disposition: Motion Carried Unanimously
(e) Bayham Community Economic Development&Tourism Committee draft minutes of meeting
held September 14,2005.
File: C06
2005-553 Moved by M Taylor
Seconded by C Evanitski
"THAT the Bayham community Economic Development& Tourism Committee draft
minutes of meeting held September 14,2005 be received;
AND THAT By-law 2005-086,being a by-law to authorize the Mayor and Clerk to execute a
Façade Improvement Loan Agreement with Almond Investments Inc.be presented to
Council for enactment"
Disposition: Motion Carried Unanimously
(f) Correspondence dated September 28, 2005 from Leona Dombrowsky,Minister of Agriculture,
Food and Rural Affairs regarding proposed sweet potato ethanol plant.
File: A16
COUNCIL MINUTES - 300 - October 6,2005
2005-554 Moved by P Ens
Seconded by M Taylor"
"THAT the correspondence dated September 28,2005 from Leona Dombrowsky,Minister
of Agriculture,Food and Rural Affairs regarding proposed sweet potato ethanol plant be
received;
AND THAT the correspondence be forwarded to the Canadian Sweet Potato Ethanol
Alliance for information and reference."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report F2005-27 regarding Development Charge Study/Capital Forecast,Water/Wastewater
Cost Recovery. (From September 1s)
File: F
2005-555 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report F2005-27 regarding Development Charge Study/Capital Forecast,be
received;
AND THAT Council accept the quote submitted by C.N.Watson and Associates for a
Water/Wastewater Cost Recovery Plan,the cost not to exceed$17,000."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE &DRAINAGE
CORRESPONDENCE&REPORTS
(a) Copy of County Staff Report regarding St. Thomas—Elgin Tourism Signage.
File: A16
2005-556 Moved by C Evanitski
Seconded by M Taylor
"THAT County Staff Report regarding St.Thomas—Elgin Tourism Signage be received for
information."
Disposition: Motion Carried Unanimously
(b) Staff Memorandum dated September 19,2005 regarding 2005 Street Light Installations.
File: F05
COUNCIL MINUTES - 301 - October 6, 2005
2005-557 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Memorandum dated September 19,2005 regarding 2005 Street Light
Installations be received;
AND THAT the funds for location of the street light designated for the corner of Walnut
and Water Streets,Vienna be put into reserve until a suitable site is determined."
Disposition: Motion Carried Unanimously
(c) County of Elgin correspondence dated September 15, 2005 regarding Lakeshore and Glen Erie
Line property transfers.
File: L07
2005-558 Moved by C Evanitski
Seconded by M Taylor
"THAT County of Elgin correspondence dated September 15, 2005 regarding Lakeshore
and Glen Erie Line property transfers be received;
AND THAT Staff prepare a By-law to authorize the addition of part of County Road 42,
known as Lakeshore Line,to the Municipality of Bayham Highway System;
AND THAT Staff be directed to take the steps necessary to close and convey parts of the
portions accepted;
AND THAT the County of Elgin reimburse the Municipality of Bayham for the costs to
close and convey."
Disposition: Motion Carried Unanimously
2. COURT OF REVISION PUBLIC MEETING-DRAINAGE
2005-559 Moved by M Taylor
Seconded by C Evanitski
"THAT in accordance with the provisions of the Drainage Act,the Council of the
Municipality of Ba yham appoints Deputy Mayor Mathew Schafer,Councillors Mark
Taylor, Paul Ens and Cliff Evanitski to sit as members of the Court of Revision;
AND THAT Deputy Mayor Schafer act as Chairman;
AND THAT the Council Meeting be adjourned for the purpose of holding a Court of
Revision pursuant to the provisions of the Drainage Act."
Disposition: Motion Carried Unanimously
Affirmations were confirmed
COUNCIL MINUTES - 302 - October 6, 2005
Application: Court of Revision regarding the assessment of properties in regard to Drainage
Report No. 205067 prepared by Spriet Associates and referred to as the Richmond Road Drain
2. Declaration of Pecuniary Interest and the General Nature Thereof Mayor Acre confirmed
her declaration of interest made earlier in the meeting and vacated the Chair until the conclusion
of the Public Meeting. Deputy Mayor Schafer assumed the Chair.
3. Staff Presentation
Staff Report DR2005-014 regarding Court of Revision was presented by the Drainage
Superintendent. He advised that no written objections had been submitted to the Clerk. Council
was advised that third reading of the Provisional By-law 2005-065 should be delayed until the
appeal period has expired.
4. Public Comments None
5. Council Comments and Questions None
6. Disposition of Item
2005-560 Moved by M Taylor
Seconded by P Ens
"WHEREAS in accordance with Section 58, Chap.D.17 of the Drainage Act,R.S.O. 1990
the appeal period which allows any owner of land assessed for drainage works to appeal
that road or land has been assessed too high or too low or that any land or road that should
be assessed has not been assessed,or that due consideration has not been given as to type of
use of land,may personally, or by agent,appeal to the Court of Revision by giving notice in
writing to the Clerk of the Municipality has expired and no appeals have been received;
THEREFORE the Court of Revision for the Richmond Road Drain,hereby confirms the
assessments as per the Engineer's Drainage Report No.205067 dated May 30,2005;
AND THAT Staff be authorized to proceed with the construction tender process."
Disposition: Motion Carried Unanimously
7. Adjournment
2005-561 Moved by M Taylor
Seconded by C Evanitski
"THAT the Court of Revision be adjourned at 8:08 pm."
Disposition: Motion Carried Unanimously
Mayor Acre reassumed the Chair
COUNCIL MINUTES - 303 - October 6,2005
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
I. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending September 30,2005.
File: P10
2005-562 Moved by M Taylor
Seconded by M Schafer
"THAT Building Permit Report for the month ending September 30,2005 be received."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION& PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 10813 to Cheque# 10939 inclusive, except cheques# 10813,
10818, 10828 and 10904,totaling$1,173,688.02, Cash Requirements for the period ending
October 1't and Payroll Disbursements for the periods ending September 11 &25,2005 totaling
$38, 161.61 and$37,267.25.
2005-563 Moved by M Schafer
Seconded by P Ens
"THAT the Cheque Register, being Cheque # 10813 to Cheque # 10939 inclusive, except
cheques # 10813, 10818, 10828 and 10904, totaling $1,173, 688.02, Cash Requirements for
the period ending October 1" and Payroll Disbursements for the periods ending September
11 & 25,2005 totaling$38, 161.61 and$37,267.25 be approved."
Disposition: Motion Carried Unanimously
(b) City of Hamilton resolution passed July 13, 2005 regarding Funding Mechanisms to Support
Rural and Agricultural Development Issues.
File: C10
2005-564 Moved by M Schafer
Seconded by P Ens
"THAT the City of Hamilton resolution passed July 13, 2005 regarding Funding
Mechanisms to Support Rural and Agricultural Development Issues be received;
AND THAT the Council of the Municipality of Bayham endorses the recommendation
made by the Ontario Mayors for the Future of Agriculture that the Province of Ontario
immediately develop effective funding mechanisms specifically to support rural and
agricultural development issues."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 304 - October 6,2005
(c) Canadian Cancer Society correspondence dated September 10, 2005 requesting permission to sell
raffle lottery tickets in Bayham under Provincial License#P051345.
File: P09
2005-565 Moved by P Ens
Seconded by M Schafer
"THAT the correspondence dated September 10, 2005 from the Canadian Cancer Society
be received;
AND THAT the Council of the Municipality of Bayham grants their request to sell Raffle
tickets in Bayham under Provincial Lottery License No.P051345."
Disposition: Motion Carried Unanimously
(d) Correspondence dated September 15,2005 from Cindy Rattai,President, Straffordville Minor
Ball.
File: C13
2005-566 Moved by M Schafer
Seconded by P Ens
"THAT correspondence dated September 15, 2005 from Cindy Rattai, President,
Straffordville Minor Ball,be received for information."
Disposition: Motion Carried Unanimously
(e) Straffordville-Eden Resourceful Volunteers for Education(S.E.R.V.E.) correspondence dated
September 20,2005 and submission of the 2005 Municipal Assistance Request Application.
File: Fi l
2005-567 Moved by P Ens
Seconded by C Evanitski
"THAT the correspondence dated September 20, 2005 from the Straffordville-Eden
Resourceful Volunteers for Education (S.E.R.V.E.) regarding 2005 Municipal Assistance be
received;
AND THAT Council grant the fee waivers as requested subject to payment of the
appropriate cleaning fees."
Disposition: Motion Carried Unanimously
(f) Staff Report F2005-33 regarding Port Burwell Community Childcare Center correspondence
dated September 20,2005 requesting tax relief. (Deferred to permit development of a draft policy
for Council's consideration).
File: C13
COUNCIL MINUTES - 305 - October 6,2005
(g) Tourism Sub-Committee draft minutes of the meeting held September 28,2005.
File: C06
2005-568 Moved by M Taylor
Seconded by C Evanitski
"THAT the draft minutes of the Tourism Sub-Committee held September 28,2005 be received;
and
• that Municipal boundary on East beach be communicated to volunteers so
that they do not inadvertently trespass;
P that Municipal staff be directed to remove dead pine tree from Memorial Park hill at their
earliest convenience;
• that the Municipality agree to proceed with the design of a new handicapped washroom
facility on the East Beach in 2006;
4 that various property standards concerns be forwarded to the By-Law
enforcement officer;
• that various maintenance concerns be forwarded to the Public Works
department."
Disposition: Motion Carried Unanimously
(h) Draft By-law 2005-088 regarding a Conditional Construction Permit for an Electrical Sub-
Station.
File: L04
2005-569 Moved by M Taylor
Seconded by M Schafer
"THAT By-law 2005-087,being a by-law to authorize the Mayor and Clerk to execute an
agreement for the issuance of a conditional construction permit for an Electrical Sub-
Station,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated September 29, 2005 from George Thiessen,Treasurer,Lighthouse Gospel
Church regarding water billing.
File: B12
2005-570 Moved by M Schafer
Seconded by M Taylor
"THAT the correspondence dated September 29,2005 from the Lighthouse Gospel Church
regarding water billing be received for information"
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 306 - October 6, 2005
(b) Correspondence dated September 27, 2005 from Beverley Sutherland/Chris Shaw,The
Lighthouse Restaurant.
File: C13/E07
2005-571 Moved by M Taylor
Seconded by P Ens
"THAT the correspondence dated September 27,2005 from Beverley Sutherland/Chris
Shaw,The Lighthouse Restaurant regarding garbage collection and disposal be received;
AND THAT Council authorize the placement of a dumpster on municipal property for use
by Port Burwell businesses at their cost until May 31,2006."
Disposition: Motion Carried Unanimously
(c) Staff Report E2005-05 regarding Sewage Treatment Plant—Exfiltration Gallery.
File: E01
2005-572 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report E2005-05 regarding the Sewage Treatment Plant Exfiltration Gallery
be received;
AND THAT David Stevens Drainage&Irrigation be retained tocomplete the collection
drains at the sewage treatment plant exfiltration gallery in accordance with their quotation
dated August 31,2005 at a cost not to exceed$22,622.50 exclusive of GST."
Disposition: Motion Carried
11. COMMITTEE OF THE WHOLE
I. CORRESPONDENCE&REPORTS
2005-573 Moved by C Evanitski
Seconded by M Taylor
"THAT the Council do now rise to enter into an"In Camera" Session of Committee of the
Whole to discuss:
o personal matters about an identifiable individual,including municipal or local
board employees;
o a proposed or pending acquisition or disposition of land by the municipality or local
board;
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 307 - October 6,2005
2005-574 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
(a) Confidential Staff Report regarding a personal matter.
File: H11
(b) Confidential information regarding a property matter.
File: E
12. BY-LAWS
By-law 2005—086 A By-laws to Authorize the Mayor&Clerk to Execute an Agreement
with Almond Investments Inc. (Facade Improvement Loan)
By-law 2005--087 A By-law to Authorize Execution of an Agreement for a Conditional
Construction Permit(Erie Shores Wind Farm Partnership Ltd. -
Electrical Sub-station)
By-law 2005—088 A By-law to confirm all actions of Council
2005-575 Moved by P Ens
Seconded by C Evanitski
"THAT By-laws 2005-086 and 2005-087 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
2005-576 Moved by P Ens
Seconded by C Evanitski
"THAT confirming By-law 2005-088 be read a first, second and third time and finally
passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 308 - October 6, 2005
13. ADJOURNMENT
2005-577 Moved by C Evanitski
Seconded by P Ens
"THAT the meeting be adjourned at 10:44 p.m."
Disposition: Motion Carried Unanimously
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Date Approved: ( 1),L1 _ cab OS-