HomeMy WebLinkAboutNovember 03, 2005 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday November 3,2005
7:00 p.m.
8:00 p.m.(Rates &Fees &Building Permit Fees)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m.
Thursday,November 3,2005 in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor
Mathew Schafer, Councillors Mark Taylor,Paul Ens and Cliff Evanitski,Administrator Kyle Kruger and
CIerk Lynda Millard. Planning Co-ordinator Margaret Underhill, Chief Building Official 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 October 20,2005
2005-604 Moved by M Schafer
Seconded by P Ens
"THAT the minutes of the regular meeting of the Municipality of Bayham held October 20,
2005 be approved as circulated."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Karen Cummings.ratepayer, along with a number of Vienna adult and youth,was
in attendance to request Council support for placement of a skateboard facility in Vienna. Ms.
Cummings stressed the need for improvements to the Vienna downtown and suggested this was
an ideal opportunity. She added that consideration for movable skateboard equipment should be
given consideration as skateboarding may be another fad that wanes in a few years.
Item 6.1(a)
COUNCIL MINUTES - 320 - November 3,2005
5. INFORMATION ITEMS
2005-605 Moved by M Schafer
Seconded by C Evanitski
WHEREAS the provincial Standing Committee on General Government is currently debating
Bill 206,An Act to revise the Ontario Municipal Employees Retirement System Act; and
WHEREAS the OMERS pension fund is currently equal to approximately 8%of Ontario's
annual GDP; and
WHEREAS the OMERS pension fund serves approximately 900 employers and 355,000 diverse
employee groups including: current and former employees of municipal governments; school
boards; libraries; police and fire departments; children's aid societies; and, electricity distribution
companies; and
WHEREAS Ontario's municipalities and their employees depend on the prudent management of
the$36 Billion plan and to ensure that employees and employers are paying for benefits they can
afford; and
WHEREAS OMERS employer and employee members are facing an increase in OMERS
contributions in 2006 of approximately 9%as a result of a significant deficit in the OMERS fund;
and
WHEREAS the Bill includes significant,potentially costly and unnecessary changes to the
governance structure of OMERS including a Sponsors Corporation structured to be governed by
arbitration; and
WHEREAS the Bill would permit the creation of expensive supplementary plans to provide
optional enhanced benefits that will impose new collective bargaining obligations on
municipalities,the operating costs of which cannot yet be fully assessed; and
WHEREAS the Province has a responsibility to study the potential impact of the changes it is
proposing and to share the results with employers and employee groups; and
WHEREAS AMO and others have urged the government to consider the potential implications
of Bill 206 and to ensure the proposed policy changes protect the interests of employers,
employees and taxpayers; and
WHEREAS the Government is moving in haste with a Bill,which in its current form raises
significant technical,public policy and economic issues;
THEREFORE BE IT RESOLVED THAT The Corporation of the Municipality of Bayham
does not support Bill 206, and requests the that the Government of Ontario reconsider the
advisability of proceeding with Bill 206 in its current form; and
FURTHER IT BE RESOLVED THAT Steve Peters MPP Elgin-Middlesex-London,the
Honourable John Gerretsen,Minister of Municipal Affairs and Housing,the Honourable Dalton
McGuinty,Premier of Ontario, and the Association of Municipalities of Ontario be advised that
this Council does not support proposed changes to the OMERS pension fund contained in Bill
206.
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 321 - November 3,2005
2005-606 Moved by P Ens
Seconded by M Schafer
"THAT Information Items 5(a)through 5(1),except 5(e) re Bill 206,be received for
information."
Disposition: Motion Carried Unanimously
(a) 1st Port Burwell Scouting Group Committee invitation to recognition ceremony honouring Bill
and Dora Tait being held November 8, 2005. Mayor Acre and Councillor Taylor are to attend.
File: M02
(b) The Ontario Flue-Cured Tobacco Growers' Marketing Board notice advising of appointments of
Fred Neukamm as Chair and Chris VanPaassen as Vice Chair.
File: A01
(c) Federation of Canadian Municipalities invitation to Solid Waste as a Resource Guide Workshop
File: A04
(d) Elgin-St. Thomas Health Unit News Release dated October 18/05"Health Unit Discontinues the
Delivery of the Part 8 Program".
File: M06
(e) Association of Municipalities of Ontario correspondence dated October 14, 26 and 28,2005
regarding"Province Introduces Access to Justice Act,2005", "Omers—Bill 206 Information,
Status Update and Sample Municipal Resolution",AMO President regarding Ontario's$3 Billion
Provincial Municipal Fiscal Gap"". (See resolution passed)
File: A01
(f) Association of Managers,Clerks&Treasurers of Ontario email dated October 21st regarding
Legislative Update.
(g) Correction Service Canada correspondence dated October 11,2005 regarding Restorative Justice
Week.
File: A16
(h) Aylmer&Area Chamber of Commerce Annual Report '05 excerpts (full report available).
File: A01
(i) Inky Mark,M.P. correspondence dated October 25th regarding Heritage Hunting and Fishing
Protection Act.
File: A16
(j) Canadian Union of Postal Workers correspondence dated October,2005 regarding"Canada Post
closing post offices and plants".
File: A01
(k) Invitation to attend Conference on Municipal Issues and Wind Energy in Ontario being held in
London on November 17th. Cumming Cockburn Ltd, Planning consultant Derek Dudek is to
attend.
COUNCIL MINUTES - 322 - November 3, 2005
(1) Linda Jeffrey,M.P.P. correspondence dated October 12,2005 regarding Private Member's Bill
"Home Fire Sprinkler Act, 2005". Councillor Taylor questioned and was advised that there had
been no notice of any action being taken on this matter.
File: P16
6. PLANNING, DEVELOPMENT,RECREATION & TOURISM
CORRESPONDENCE&REPORTS
(a) Correspondence from Karen Cummings dated October 31,2005 requesting support for
skateboard park in Vienna.
File: C13
2005-607 Moved by P Ens
Seconded by M Taylor
"THAT the correspondence dated October 31,2005 from Karen Cummings be received;
AND THAT Council supports,in principal,the establishment of a skateboard park in the
Vienna Memorial Park."
Disposition: Motion Carried Unanimously
(b) Staff Report D2005-054 regarding Application for Consent E97/05 and E98-05 submitted by Joe
and Mary Lynne Magyar.
File: D10
2005-608 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report D2005-054 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance applications E97/05 and E98/05,submitted by Joe and Mary Lynne Magyar,be
approved subject to:
1. $500 cash-in-lieu payment to the Municipality for each created lot
2. municipal lot assessments to be performed on each lot
3. grading plans for each Iot to indicate proper drainage to an approved outlet
4. rezoning to remove the holding symbol on the three created lots
5. purchase of municipal 911 signs for each lot
6. a copy of the final survey be provided to the municipality."
Disposition: Motion Carried Unanimously
(c) Correspondence dated October 26th from Troy Dygos requesting extension of mobile home
permit.
File: D14
COUNCIL MINUTES - 323 - November 3, 2005
2005-609 Moved by P Ens
Seconded by M Schafer
"THAT the correspondence dated October 26th from Troy Dygos requesting extension of
mobile home permit be received for information;
AND THAT Council directs that the owners of the property make application to renew the
temporary zoning for a further period,to expire May 31,2006,by which time the mobile
home is to have been removed from the site."
Disposition: Motion Carried Unanimously
(d) Proposed William Ringland Site Plan Agreement(Wind tower).
File: L04
2005-610 Moved by M Schafer
Seconded by P Ens
"THAT By-law 2005-094,being a by-law to authorize the Mayor and Clerk to execute a site
plan agreement with William Ringland,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE &DRAINAGE
CORRESPONDENCE&REPORTS
(a) Straffordville Santa Claus Parade Committee request for temporary road closing to permit a
Parade on December 101 beginning at 10:30 a.m.
File: T09
2005-611 Moved by M Schafer
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham approves the request by the
Straffordville Santa Claus Parade Committee for permission to use streets within
Straffordville for the Parade to be held Saturday December 10,2005 at 10:30 a.m., subject
to the provision of proof of liability insurance coverage;
THAT Old Chapel Street be temporarily closed during the parade;
THAT the County of Elgin be requested for permission to use Plank Road and Heritage
Line between at 10:30 and 11:30 a.m.for the parade;
AND THAT the Bayham Public Works Superintendent be directed to provide the necessary
provisions for traffic control and safety."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 324- November 3, 2005
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated October 2,2005 from Shirley Elliott regarding concerns.
File: C13
2005-612 Moved by M Schafer
Seconded by P Ens
"THAT the correspondence dated October 2, 2005 from Shirley Elliott regarding concerns
in Port Burwell be received and referred to staff for follow-up and report back to Council."
Disposition: Motion Carried Unanimously
(b) Clayton Watters,Director of Engineering Services, County of Elgin Report to Council regarding
Culloden Road—Railway Section House at Corinth.
File: L07
2005-613 Moved by M Schafer
Seconded by P Ens
"THAT the County of Elgin Report presented by Clayton Watters,Director of Engineering
Services,to County Council regarding Culloden Road—Railway Section House at Corinth
be received;
AND THAT the Bayham Historical Society be contacted to determine whether there is
interest in placement of the railway section house at the municipal park in Corinth and if
so,that Staff prepare a draft agreement for consideration by both parties,following
submission of a site plan and holding of a Public Meeting."
Disposition: Motion Carried Unanimously
(c) Council discussed potential development concerns to upgrade the public washroom facilities on
the east beach in Port Burwell as requested by Deputy Mayor Schafer.
9. FINANCE,ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 11031 to Cheque# 11088 inclusive, except cheques# 11069
and 11070,totaling$170,124.98, Cash Requirements for the period ending October 31st and
Payroll Disbursements for the period ending October 23, 2005 totaling$37,563.18
COUNCIL MINUTES - 325 - November 3, 2005
2005-614 Moved by M Taylor
Seconded by M Schafer
"THAT the Cheque Register, being Cheque # 11031 to Cheque # 11088 inclusive, except
cheques# 11069 and 11070,totaling$170, 124.98, Cash Requirements for the period ending
October 31St and Payroll Disbursements for the period ending October 23, 2005 totaling
$37,563.18 be approved."
Disposition: Motion carried Unanimously
(b) Staff Report A2005-006 regarding Telecommunications Review Contract.
File: L14
2005-615 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report A2005-006 be received;
AND THAT staff be authorized to proceed with the contract with Telcom Enterprises for a
Telecommunications Review, payment to be made under the savings option, as attached to
the Report."
Disposition: Motion Carried Unanimously
(c) Port Burwell Marine Museum Board draft minutes of meeting held October 3rd.
File: C06
2005-616 Moved by M Schafer
Seconded by M Taylor
"THAT draft minutes of Port Burwell Marine Museum Board meeting held October 3rd be
received;
AND THAT Council approves the request to carry forward$2,502 from the current
operating budget to paint the scientific buoy in 2006;
AND THAT the Public Works Superintendent explore costs for recommended trimming of
the trees obstructing the view of the lighthouse;
AND THAT the resignation of Barbara Rycquart from the Marine Museum Board be
accepted with regret;
AND THAT By-Law 2005-104,being a by-Iaw to further amend appointments By-law
2005-001,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) AMCTO Express correspondence dated October 6, 17 and 18-35 regarding Legislative Updates.
File: A01
COUNCIL MINUTES - 326 - November 3,2005
2005-617 Moved by M Taylor
Seconded by C Evanitski
"THAT the Council of the Municipality of Bayham endorses the position of the Association
of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) regarding Bill 123,
the Transparency in Public Matters Act, 2005 as outlined in correspondence dated October
18,2005;
AND THAT the Municipality of Bayham hereby requests the Province of Ontario to
remove municipalities from the list of public bodies subject to Bill 123;
AND THAT any issues identified by the Province in regard to openness and transparency
be addressed through the Municipal Act review."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETINGS
2005-618 Moved by C Evanitski
Seconded by P Ens
"THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to
the provisions of the Municipal Act."
Disposition: Motion Carried Unanimously
I. (a) Application: To consider By-law 2005-102 imposing Rates&Fees for Municipal Services
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation Staff Report D2005-037 regarding Rates&Fees and draft By-law
2005-102 was presented by the Treasurer.
4. Public Comments None
5. Council Comments and Questions
Councillor Taylor questioned whether notice of the proposed changes would be forwarded to the
applicants in regard to the wind turbines prior to third reading.
The Treasurer advised that notice of public meeting to consider the proposed by-law had been
published as required. Notices are not sent out to any specific property owners.
The Chief Building Official advised that the wind tower applicants have not submitted site plans
within 90 days as was agreed in the conditional permits for the tower bases.
COUNCIL MINUTES - 327 - November 3,2005
6. Adjournment
2005-619 Moved by P Ens
Seconded by C Evanitski
"THAT the Public Meeting be adjourned at 8:15 p.m."
7. Disposition of Item
2005-620 Moved by M Taylor
Seconded by C Evanitski
"THAT Council approves the proposed municipal rates and fees;
AND THAT By-Law 2005-102,being a by-law to impose municipal rates and fees,be
presented for 1't and 2' reading only."
Disposition: Motion Carried Unanimously
2005-621 Moved by M Taylor
Seconded by M Schafer
"THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to
the provisions of the Municipal Act."
Disposition: Motion Carried Unanimously
1. (b) Application:To consider By-law 2005-103 imposing Building Permit Fees
2. Declaration of Pecuniaiy Interest and the General Nature Thereof None
3. Staff Presentation Staff Report D2005-034 regarding proposed Building Permit Fees was
presented by the Treasurer.
4. Public Comments None
5. Council Comments and Questions None
6. Adjournment
2005-622 Moved by M Schafer
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 8:21 p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 328 - November 3, 2005
7. Disposition of Item
2005-623 Moved by M Schafer
Seconded by C Evanitski
"THAT Council approves the proposed building permit rates and fees;
AND THAT By-Law 2005-103,being a by-law to impose building permit rates and fees,be
presented to council for enactment."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT No Items
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
2005-624 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 litigation or potential litigation,including matters before administrative
tribunals, affecting the municipality or local board."
Disposition: Motion Carried Unanimously
2005-625 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
(a) Correspondence dated October 19,2005 regarding a confidential property matter.
File: D21
12. BY-LAWS
By-law 2005—065 A By-law to Provide for Drainage Works—3'd reading(Richmond Road
2005)
By-law 2005 -094 A By-law to Authorize Execution of a Site Plan Agreement with
Ringland(Wind Tower)
By-law 2005— 102 A By-law to Impose Rates&Fees (Is`&2nd reading only)
By-law 2005— 103 A By-law to Impose Building Permit Rates&Fees
COUNCIL MINUTES - 329 - November 3,2005
By-law 2005— 104 A By-law to Further Amend Appointments By-law 2005-001
By-law 2005 - 105 A By-law to confirm all actions of Council
2005-626 Moved by P Ens
Seconded by C Evanitski
"THAT By-law 2005-102 be read a first and second time;
AND THAT By-law 2005-065 be read a third time and finally passed;
AND THAT 2005-094,2005-102,2005-103 and 2005-104 be read a first, second and third
time and finally passed."
Disposition: Motion Carried Unanimously
2005-627 Moved by C Evanitski
Seconded by P Ens
"THAT confirming By-law 2005-105 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2005-628 Moved by P Ens
Seconded by C Evanitski
"THAT the meeting be adjourned at 9:50 p.m."
Disposition: Motion Carried Unanimously
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