HomeMy WebLinkAboutNovember 17, 2005 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday November 17,2005
7:00 p.m.
7:30 p.m. (Public Meeting-Rezoning)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m.
Thursday,November 17,2005 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 and Public Works Superintendent Bob
Bartlett 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 November 3,2005
2005-633 Moved by P Ens
Seconded by M Taylor
"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
(a) 7:05 p.m.—Bryce Sibbick&Joel Taylor,Cowan Insurance Company and Taylor&Associates
respectively were in attendance to present the proposed Insurance policy renewal for 2006. Item
9.1(b)
(b) 8:00 p.m.—Tom Pierce&Valerie Ostrander,representatives,El2in United Way were in
attendance to make a presentation regarding the 2006 fund raising campaign.
Item 9.1(c)
COUNCIL MINUTES - 333 - November 17, 2005
5. INFORMATION ITEMS
2005-634 Moved by P Ens
Seconded by M Taylor
"THAT Information Items 5(a)through 5(h)be received for information."
Disposition: Motion Carried Unanimously
(a) Federation of Canadian Municipalities correspondence dated November 1,2005 regarding
support for post-tsunami reconstruction programs in Asia.
File: A16
(b) Assessment Review Board correspondence dated November 7, 2005 advising of the release of the
2004-2005 Annual Report.
File: Al 6
(c) Correspondence dated November 4, 2005 from Steve Peters,M.P.P.regarding the Huron Elgin
London Clean Water Project.
File: A16
(d) Ontario Honours and Awards Secretariat nomination invitation dated October 2005.
File: M02
(e) Association of Municipalities of Ontario correspondence dated November 4,2005 regarding
"AMO President Addresses the Federal Standing Committee on Finance".
File: A01
(f) Long Point Region Conservation Authority media release dated October 24th regarding public
information sessions.
File: M06
(g) County of Elgin correspondence dated November 8,2005 regarding Thames Valley Invites
Public Input on the Spending of Projected Surplus and Contingency Funds.
File: A16
(h) Pitch-In Ontario correspondence dated October 2005 regarding 2006 campaign.
File: A01
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
1. PUBLIC MEETING
2005-635 Moved by M Taylor
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
COUNCIL MINUTES - 334 November 17, 2005
1. (a) Application:The purpose of the amendment is to change the zoning on a 1,135m2(12,220 ft2)
parcel of land situated on the west side of Plank Road,north of Heritage Line, in the Village of
Straffordville from the Central Business District(Cl)Zone to the joint Central Business District/
Village Residential 1 (Cl/R1)Zone submitted by Elizabeth Barclay.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. StaffPresentation
Staff Report D2005-055 regarding the Barclay Rezoning was presented by the Planning
Co-ordinator. She advised that no written comments or objections from the public had been
received.
The Planning Co-ordinator noted that the requested water testing had been done and results were
received earlier in the day. The quantity result of 5 gallon/minute is sufficient. She added that
quality testing showed all contaminants tested for are below the water quality standards except for
nitrates.
The nitrate level is 19mg/litre and the standard is 10mg/l. She noted that this is cause for concern
and that the Health Unit was contacted in order to obtain comment in terms of severity of the
contamination. The person contacted was not able to provide an opinion or information today on
what the result meant. She added that given the use is changing from commercial to residential as
the main use,potable water is a valid concern.
Based on the water quality results the Planning Co-ordinator recommended deferral of the
application to allow further discussion with the Elgin-St. Thomas Health Unit to confirm the
potential health impact. She advised that the applicant and her agent were present to answer any
questions.
File: D14
4. Public Comments
Alice Vallee, apppointed Agent for the Applicant, commented that an apartment has existed
at the property for many years so there has been a residential use. She added that the
owners and potential purchasers are aware of the water testing results. Mrs.Vallee noted
that other properties in Straffordville are known to have test results showing nitrates in
the water.
5. Council Comments and Questions
Council questioned whether there are liability issues should members approve the rezoning and
was advised that there is some risk,however the potential is not clear cut.
6. Adjournment
2005-636 Moved by P Ens
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 7:55p.m."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 335 - November 17,2005
7. Disposition of Item
2005-637 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report D2005-055 be received;
AND THAT the zoning of those lands located at 9317 Plank Road,owned by Elizabeth
Barclay,be changed from Central Business District(C1)to Central Business
District/Village Residential(C1/R1)to permit a main residential use in addition to the
central business district type commercial uses;
AND THAT Zoning By-law Z514-2005 be presented for enactment."
Disposition: Motion Carried
7. ROADS, AGRICULTURE & DRAINAGE
CORRESPONDENCE&REPORTS
(a) Port Burwell Optimist Club correspondence requesting temporary road closure to permit a Parade
on December 3`'beginning at 6:30 p.m.
File: T09
2005-638 Moved by M Schafer
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham approves the use of streets within Port
Burwell for a Santa Claus Parade to be held Saturday December 3,2005 at 6:30 p.m.,
subject to the Optimist Club of Ottervalley providing proof of liability insurance coverage;
THAT the County of Elgin be requested for permission to use Wellington and Robinson
Streets in Port Burwell between at 6:30 and 7:00 p.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
(b) Draft By-law 2005-027 adopting a Salt Management Plan for the Municipality of Bayham.
2005-639 Moved by P Ens
Seconded by M Schafer
"THAT By-law 2005-027,being a by-law to adopt a Salt Management Plan for the
Municipality of Bayham,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 336 November 17,2005
(c) Staff Report PW2005-008 regarding Public Works Activities: October 2005.
File: T06
2005-640 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report PW2005-008 regarding Public Works activities for the month of
October 2005 be received;
AND THAT a 2006 Ford pickup from Stauffer Motors be purchased in the amount of
$22,753.00 plus taxes."
Disposition: Motion Carried Unanimously
(d) Staff Report F2005-38 regarding 2005-2006 winter control contract agreements.
File: L04
2005-641 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report F2005-38 be received;
AND THAT By-laws 2005-109,2005-113,2005-114,2005-115,2005-116 and 2005-117,being
by-laws to authorize the Mayor and Clerk to execute contract agreements for winter control
services with Ramona Peidl,Laemers Trucking,Sproul's Lawn, Genetello Property,
Underhill Trucking and Thomas Wilson,respectively,be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
I. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the period ending October 31,2005.
File: P10
2005-642 Moved by M Schafer
Seconded by M Taylor
"THAT the Building Permit Report for the month ending October 31,2005 be received for
information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 337 - November 17, 2005
9. FINANCE,ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 11089 to Cheque# 11132 inclusive, except cheques# 11118,
11119 and 11120 totaling$49,298.74, Cash Requirements for the period ending November 30th
and Payroll Disbursements for the period ending November 6`h,totaling$36,689.68.
2005-643 Moved by M Taylor
Seconded by M Schafer
"THAT the Cheque Register, being Cheque # 11089 to Cheque # 11132 inclusive, except
cheques # 11118, 11119 and 11120, totaling $49,298.74, Cash Requirements for the period
ending November 306 and Payroll Disbursements for the period ending November 6th,
totaling$36,689.68 be approved."
Disposition: Motion Carried Unanimously
(b) Cowan Insurance Company Limited 2005 insurance renewal information.
File: L06
2005-644 Moved by M Schafer
Seconded by M Taylor
"THAT the Cowan Insurance Company Limited 2005 insurance renewal be received for
information."
Disposition: Motion Carried Unanimously
(c) United Way of Elgin-St.Thomas information regarding 2005 Campaign.
File: A01
2005-645 Moved by M Taylor
Seconded by P Ens
"THAT the United Way of Elgin-St.Thomas information regarding the 2005 Campaign be
received;
AND THAT the Council of the Municipality of Bayham supports the inclusion of Bayham
in the Elgin-St.Thomas campaign through payroll deduction for 2006."
Disposition: Motion Carried Unanimously
(d) Community Transition Program—Brant—Elgin—Norfolk—Oxford application information.
File: F l l
COUNCIL MINUTES - 338 - November 17,2005
2005-646 Moved by M Schafer
Seconded by M Taylor
"THAT Community Transition Program—Brant—Elgin—Norfolk—Oxford application
guidelines be received for information."
Disposition: Motion Carried Unanimously
(e) Draft By-law 2005-108 being a by-law to Appoint Municipal Officers and Employees.
2005-647 Moved by M Taylor
Seconded by M Schafer
"THAT By-law 2005-108,being a by-law to Appoint Municipal Officers and Employees,be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
(f) Staff Report F2005-39 regarding Municipal Funding Agreement—Federal Gas Tax.
File: L04
2005-648 Moved by M Taylor
Seconded by M Schafer
"THAT By-law No.2005-110,being a By-law to authorize the Mayor and Clerk to execute a
Municipal Funding Agreement with the Association of Municipalities of Ontario,for the
transfer of federal gas tax revenues,be presented.to Council for enactment.
Disposition: Motion Carried Unanimously
(g) Staff Report C2005-023 regarding Bayham Community Centres Committee Items
File: A01
2005-649 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report C2005-023 be received;
AND THAT By-law 2005-107, being a by-law to amend By-law 2001-15 establishing the
Bayham Community Centres Committee,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
2005-650 Moved by M Schafer
Seconded by M Taylor
"THAT the Straffordville Lions Club be permitted to plant replacement trees in front of the
Straffordville Community Centre."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 339 - November 17,2005
(h) Staff Report C2005-022 regarding"Discover Bayham"Logo Use.
File: A
2005-651 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Report C2005-022 be received;
THAT the new logo be used in economic development and tourism promotional material
produced by the municipality,including its boards and committees;
THAT staff be directed to include the new logo on future municipal signage installed;
THAT the new logo be added to a portion of new letterhead oders;
THAT use of the new logo by any other groups be determined by Council on a case by case
basis;
AND THAT the Municipality retain use of the current logo for general municipal business."
Disposition: Motion Carried
(i) Staff Report C2005-021 regarding Alternative Voting. The Clerk noted that the report was not
yet completed. Council advised staff not to complete the report as there is limited support for
seeking alternative voting methods at this time.
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) Waste Diversion Ontario correspondence dated November 9,2005 regarding 2004 Municipal
Blue Box Datacall Results.
File: E07
2005-652 Moved by M Taylor
Seconded by P Ens
"THAT the Waste Diversion Ontario correspondence dated November 9,2005 regarding
2004 Municipal Blue Box Datacall Results be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 340 - November 17,2005
11. COMMITTEE OF THE WHOLE
2005-653 Moved by M Taylor
Seconded by M Schafer
"THAT the Council do now rise to enter into an"In Camera" Session of Committee of the
Whole to discuss:
❑ the security of the property of the municipality or local board;
u personal matters about an identifiable individual,including municipal or local
board employees;
Disposition: Motion Carried Unanimously
CORRESPONDENCE&REPORTS
(a) Verbal Report regarding a confidential property matter.
File:
(b) Verbal Report regarding a confidential personal matter.
2005-654 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
2005-655 Moved by P Ens
Seconded by C Evanitski
"THAT staff be directed to pay an honorarium to Perry Grant for his service as Acting Fire
Chief as discussed in closed session."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law 2514-2005 A By-law to Further Amend Zoning B/L Z456-2003 (Barclay)
By-law 2005—027 A By-law to adopt a Salt Management Plan for Bayham
By-law 2005— 102 A By-law to Impose Rates&Fees (3rd reading only)
By-law 2005— 107 A By-law to amend B/L 2001-15 (Establishing Community Centres
Committee)
By-law 2005— 108 A By-law to Appoint Municipal Officers and Employees
By-law 2005— 109 A By-law to Authorize the Mayor&Clerk to Execute an Agreement
with Ramona Peidl for Winter Control Services
By-law 2005—110 A By-law to Authorize the Mayor&Clerk to Execute an Agreement
with AMO(Municipal Funding Agreement-Gas Tax)
By-law 2005— 113 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Winter Control Services(Thomas Wilson)
COUNCIL MINUTES - 341 - November 17, 2005
By-law 2005— 114 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Winter Control Services(Genetello)
By-law 2005— 115 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Winter Control Services (Sproul)
By-law 2005— 116 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Winter Control Services (Laemers)
By-law 2005 — 117 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Winter Control Services(Underhill Tracking)
By-law 2005— 112 A By-law to confirm all actions of Council
2005-656 Moved by M Taylor
Seconded by P Ens
"THAT By-law 2005-102 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
2005-657 Moved by M Taylor
Seconded by P Ens
"THAT By-laws Z514-2005,2005-027,2005-107,2005-108,2005-109,2005-110,2005-113,
2005-114,2005-115,2005-116 and 2005-117 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
2005-658 Moved by P Ens
Seconded by M Schafer
"THAT confirming By-law 2005-112 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2005-659 Moved by P Ens
Seconded by M Taylor
"THAT the meeting be adjourned at 10:00 p.m."
Disposition: Motion Carried Unanimously
MAYOR CLERK t ieg,s {
Date Approved: At. yr, 5-
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