HomeMy WebLinkAboutJuly 21, 2005 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday July 21,2005
6:45 p.m.Presentation of Awards
Public Meeting—Drainage 8:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held beginning at 6:45 p.m.
Thursday, July 21, 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. Public Works Superintendent Bob Bartlett, Drainage Superintendent / Chief Building
Official Dwayne Daniel and Treasurer Suzanna Mantel were in attendance to present their respective
reports.
1. 6:45 p.m. - CALL TO ORDER& PRESENTATION
Mayor Acre called the meeting to order at 6:45 p.m. and welcomed those present. She invited
firefighters Ken Laemers and Kelvin Vaughan to come forward. She thanked them and presented
each with a certificate acknowledging 25 years of service to the municipality. In addition, she
presented a gold watch to Ken Laemers in recognition of his retirement from the department. The
Mayor then adjourned the meeting, invited members of Council and those present to offer their
congratulations and share a short social time together. The meeting reconvened at 7:05 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF None
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held July 7,2005
2005-401 Moved by M Taylor
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held July 7,2005
be approved as circulated."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.-Mr.Legg, Simply Scoops,Port Burwell was in attendance to raise his concerns
regarding waste management provisions limiting businesses to a maximum of five(5)bags of
garbage weekly. Item 10.1(e)
(b) Carol Judd,regarding a confidential personal matter, Item 11.1(b)
COUNCIL MINUTES -243 - July 21,2005
ADDITION OF AGENDA ITEMS
2005-402 Moved by P Ens
Seconded by M Schafer
"THAT in accordance with Section 21 of Procedural By-law 2002-93,appointment of a
Community Emergency Management Co-ordinator or alternate,a confidential personal
matter,correspondence from operators of the Port Burwell Home Hardware,Noah's Ark
Café,Lighthouse Restaurant&Pub and Coal Yard Pizza,and By-laws#2005-066,2005-
067,2005-069 and 2005-070 and correspondence from G.J.Wilder and Don Manion be
added to the agenda as item(s) 9.1(i), 10.1(f), 11.1(c),under Item 12, and 8.1(d)
respectively."
Disposition: Motion Carried Unanimously
5. INFORMATION ITEMS
2005-403 Moved by M Taylor
Seconded by M Schafer
"THAT Information Items 5(a)through 5(j)be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Community Centres Committee draft minutes of meeting held May 26,2005.
File: C06
(b) Ministry of Municipal Affairs&Housing News Releases dated July 6 and 15,2005 regarding
"Ontario Supports Environmental Initiative in Ste-Anne-De-Prescott"and"Ontario Supports
Skills Enhancement for First nations Youth".
File: M06
(c) Ministry of Natural Resources News Release dated July 14,2005 regarding"Province Providing
More Opportunities to Comment on Great Lakes Agreements.
File: M06
(d) Ministry of Government Services News Releases dated July 6, 2005 regarding"McGuinty
Government Seeks Public Input on How to Best Prevent Identity Theft".
File: M06
(e) AMO correspondence dated June 30,July 11 and 13,2005 regarding"Government Announces
the Recruitment for the Accessibility Standards Advisory Council", "Amended Procedures
Manual for the Agricultural Drainage Infrastucture Program"and"MOE seeking input on Broad
Policy Proposal for the Regulation of Drinking Water Systems in Ontario(EBR PAO5E0011)"
File: A01
(1) Canadian Food Inspection Agency email received July 7, 2005 regarding Emerald Ash Borer
Web Update.
File: Al6
(g) Correspondence received July 15, 2005 regarding Cultural Capital of Canada awards.
File: A01
COUNCIL MINUTES -244 - July 21,2005
(h) Federation of Canadian Municipalities correspondence dated July 12, 2005 regarding Parliament
Adjourns with Critical Budget Bill Passed.
File: A16
(i) Canadian Nuclear Association correspondence dated June 22, 2005 regarding the report"World
Energy: The Past and Possible Futures".
File: A01
(j) Elgin Group Police Services Board minutes of meeting held June 22,2005.
File: C06
6. PLANNING,DEVELOPMENT,RECREATION &TOURISM
I. CORRESPONDENCE&REPORTS
(a) Administrator Kruger provided a verbal report regarding the status of harbour dredging. He
advised that approvals had been more difficult and time consuming than anticipated. He added
that RFPs for Contractors close on Friday July 22"d' He noted that sampling quotes to a depth of
8 or 9 feet have been difficult to obtain and will cost between$16,000 and$25,00. It has been
indicated that sampling at depths of approximately two feet will likely be satisfactory to the
MOE,the cost of which would be approximately$6,000. Council directed that in-house grab
sampling be undertaken at a two-foot depth to avoid any delay.
2. UNFINISHED BUSINESS
(a) Staff Report D2005-026 regarding Griesbach Severance Application to create a lot. (Deferred
from May 10)
File: D10
7. ROADS,AGRICULTURE &DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Staff Report PW2005-006 regarding Public Works Activities for May June 2005.
File: T06
2005-404 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report PW2005-006 regarding Public Works activities for the months of May
and June 2005 be received for information."
Disposition: Motion Carried Unanimously
(b) Notification of Special Event request from Paul Ens regarding WatermelonFest parade and
activities.
File: R06
COUNCIL MINUTES -245 - July 21,2005
2005-405 Moved by M Schafer
Seconded by M Taylor
"THAT the Notification of Special Event request from Paul Ens,regarding Watermelon
Fest activities be received;
THAT Council grants permission to use municipal streets within Straffordville for parade
purposes;
THAT Old Chapel Street south from Heritage Line to Plank Road be closed during the
parade;
THAT Council requests permission from the County of Elgin to use Plank Road from Third
Street,south to Heritage Line and Heritage Line west to the Bayham Community Centre on
Saturday August 27,2005 between 9:30 and 11:00 a.m. during the Parade in Straffordville
subject to the organizers:
• providing the municipality with proof of liability insurance to cover all events including
naming the municipality as an additional insured;
• obtaining the necessary approvals from the Ontario Provincial Police and the Bayham
Fire Chief(as per completion of the Municipal Event Notice and parade route
mapping);
THAT the Public Works Superintendent be directed to make the necessary arrangements
for traffic control and safety;
AND THAT the clean up of the park area be the responsibility of the organizers."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2005-406 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 Drainage Act."
Disposition: Motion Carried Unanimously
I. Application:
(a) 8:00 p.m.-Consideration of Engineer Report 205067 dated May 30,2005prepared 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 as the drain outlets on her property and vacated the Chair to Deputy Mayor Schafer.
COUNCIL MINUTES - 246 - July 21,2005
3. Engineer I Staff Presentation
Staff Report DR2005-008 and Engineer Report 205067 were presented by the Drainage
Superintendent Dwayne Daniel and John Michael Spriet.
4. Public Comments
Q. Pete Barsch noted that the proposed drain will come close to his weeping bed and
requested assurance of payment for any damages incurred.
A. Mr. Spriet advised that the contractor will be advised to ensure no damage is done and
that the Drainage Superintendent is responsible to determine damages if any.
Q. Shane Brackenbury questioned how close to his foundation work will be.
A. Mr. Spriet responded that placement will be to a depth of 4 feet outside the property line.
Mr.Daniel added that the drain would be the same depth as the basement footing and
would have no impact.
Q. Lew Acre advised that 28 years ago a 30"culvert was placed under the road and the
surface upgraded. He added that trees were cut and placement of catch basins allowed all
water to dump through his property. He was advised that the drain should not be a
problem. Since then the clay has disappeared through erosion causing more trees to fall.
His appeal to the Ontario Municipal Board requesting a solution to carrying the water
through his property was not resolved 15 years ago. He added that it is not acceptable for
him to loose property through erosion due to this drain.
A. Mr. Spriet noted that there would be not be a change in the amount of water passing
through,however,it would move faster. He added that the benefit stops at Heritage Line.
He noted that a petition for a municipal drain to go beyond Heritage Line could be made
with benefiting owners,including the County,required to contribute their share.
Mr.Daniel suggested that upgrading the outlet to reduce erosion would be satisfactory.
5. Council Comments and Questions
Councillor Taylor suggested that the process be halted and that Mr.Acre be given opportunity to
consider adding his name to the petition.
6. Disposition of Item
2005-407 Moved by M Taylor
Seconded by P Ens
"THAT in accordance with the Drainage Act,Council of the Corporation of the
Municipality of Bayham hereby refers the Engineer's Report#205067 dated May 30,2005
back to the engineer for further information regarding outlet concerns."
Disposition: Motion Carried
COUNCIL MINUTES - 247 - July 21,2005
7. Adjournment
2005-408 Moved by P Ens
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 8:39 p.m."
Disposition: Motion Carried
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending June 30`".
File: P10
2005-409 Moved by M Taylor
Seconded by C Evanitski
"THAT the Building Permit Report for the period ending June 30, 2005 be received for
information."
Disposition: Motion Carried Unanimously
(b) Staff Report P2005-016 regarding Conditional Building Permit Agreements with AIM PowerGen
Corporation(Agent).
File: L04
2005-410 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report#P2005-016 regarding Conditional Building Permit Agreements be
received;
AND THAT By-law 2005-067,being a by-law to authorize the Mayor and Clerk to execute
Conditional Building Permit Agreements for wind tower purposes,be presented to Council
for enactment."
Disposition: Motion Carried Unanimously
(c) St.Luke's Anglican Church correspondence dated July 10, 2005 requesting permission to use
Memorial Park Vienna on August 27th for the Guild annual yard sale.
File: C13
COUNCIL MINUTES -248 - July 21, 2005
2005-411 Moved by M Taylor
Seconded by C Evanitski
"THAT the St.Luke's Anglican Church correspondence dated July 10,2005 be received;
AND THAT Council grants the request for permission to use Memorial Park in Vienna on
August 27th for the Guild annual yard sale,subject to the provision of proof of liability
insurance coverage;
AND THAT cleanup of the property be the responsibility of the organizers."
Disposition: Motion Carried Unanimously
(d) Email correspondence from Joan Wilder dated July 12,2005 regarding parking restrictions in the
Bodsworth Lane area.
File: C13
2005-412 Moved by M Taylor
Seconded by P Ens
"THAT the email correspondence from Joan Wilder dated July 12,2005 regarding parking
restrictions in the Bodsworth Lane area be received;
AND THAT parking be permitted on Bodsworth Lane from the current sign midway on the
lane,north to Pitt Street."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION & PERSONNEL
CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 10477 to Cheque# 10544 inclusive, except Cheques# 10485
and 10496, totaling$131,067.64, Cash Requirements for the period ending July 31St and Payroll
Disbursements for the period ending July 3, 2005 totaling$45,232.95.
2005-413 Moved by C Evanitski
Seconded by M Taylor
"THAT the Cheque Register,being Cheque#10477 to Cheque# 10544 inclusive, except
Cheques # 10485 and 10496,totaling$131,067.64,Cash Requirements for the period ending
July 319"and Payroll Disbursements for the period ending July 3,2005 totaling$45,232.95
be approved."
Disposition: Motion Carried Unanimously
(b) Memorandum dated July 15, 2005 from Carol Judd,Chairperson, Edison Museum of Vienna
Board regarding Veterans' Celebration Day August 21st
File: C
COUNCIL MINUTES - 249 - July 21, 2005
2005-414 Moved by M Taylor
Seconded by P Ens
"THAT the memorandum and invitation to the Veterans' Celebration Day August 21st from
Carol Judd,Chairperson,Edison Museum of Vienna Board be received for information."
Disposition: Motion Carried Unanimously
(c) Port Burwell Marine Museum Board minutes of May 9, and draft minutes of July 5, 2005 (Item 4
resignation)and draft By-law 2005-066 amending Appointments BIL 2005-001.
File: C06&CO1
2005-415 Moved by M Taylor
Seconded by P Ens
"THAT the Port Burwell Marine Museum Board minutes of May 9,and draft minutes of
July 5,2005 be received;
AND THAT Council defers proceeding for an heritage easement for the lighthouse;
AND THAT By-law 2005-066,being a by-law to further amend appointments By-law
2005-001,be presented to Council for enactment;
AND THAT letters of appreciation be sent to Dwight Osborne and Jane Robertson and an
award presentation be arranged for Jean Mason."
Disposition: Motion Carried Unanimously
(d) Staff Report F2005-021 regarding Agreement for Lease of Building 29 Wellington Street Port
Burwell.
File: L04
2005-416 Moved by M Taylor
Seconded by P Ens
"That By-Law 2005-069,being a by-law to authorize the execution of an agreement between
the Municipality of Bayham and Black&McDonald Limited for the lease of 29 Wellington
St,Port Burwell,be presented to council for enactment."
Disposition: Motion Carried Unanimously
(e) Staff Report F2005-022 regarding Agreement for Lease of West bank Port Burwell for placement
of dredging material.
File: L04
COUNCIL MINUTES - 250 - July 21,2005
2005-417 Moved by M Taylor
Seconded by P Ens
"That By-Law 2005-070,being a by-law to authorize the execution of agreement between
the Municipality of Bayham and 345990 Ontario Limited for the lease of West bank Lands,
Port Burwell,be presented to council for enactment."
Disposition: Motion Carried Unanimously
(f) Bayham Culture Committee draft minutes of meeting held June 27,2005. (Referred to the In
Camera Session as Item 11.1(d)for consideration ofItem 40)
File: C06
(g) Staff Report C2005-017 regarding Summer Student Recruitment.
File: H11
2005-418 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report C2005-017 regarding Summer Student Recruitment be received for
information."
Disposition: Motion Carried Unanimously
(h) Staff Report F2005-023 regarding Price Quotes for Folding Machine.
File: F18
2005-419 Moved by M Schafer
Seconded by M Taylor
"THAT Staff be authorized to lease an 5130 Folder/Inserter from Frampton Mailing
Systems at the cost noted in the quote from Frampton Mailing Systems;
AND THAT a by-law authorizing the execution of a lease agreement be prepared for
enactment by Council."
Disposition: Motion Carried Unanimously
(i) Appointment of a Bayham Community Emergency Management Co-ordinator.
2005-420 Moved by P Ens
Seconded by M Schafer
"THAT Kyle Kruger be appointed as the Bayham Community Emergency Management
Co-ordinator."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 251 - July 21,2005
2. UNFINISHED BUSINESS
(a) Edison Museum of Vienna additional information regarding transfer of funds.
2005-421 Moved by M Schafer
Seconded by P Ens
"THAT Council supports the transfer of excess 2004 budgeted expenditure funds of$902 to
the Edison Museum Reserve Fund."
Disposition: Motion Carried
10. ENVIRONMENT
I. CORRESPONDENCE&REPORTS
(a) Correspondence dated July 13,2005 from the Township of Malahide regarding 2005 Second
Quarter Report from OCWA.
File: E08
2005-422 Moved by M Schafer
Seconded by P Ens
"THAT the Township of Malahide correspondence dated July 13,2005 and the 2005 Second
Quarter Report for the Port Burwell Secondary Water System provided by the Ontario
Clean Water Agency be received for information."
Disposition: Motion Carried Unanimously
(b) Ministry of the Environment correspondence dated July 2005 regarding Transfer of your
Drinking Water System to the new regulatory requirements under Ontario Regulation 252/05.
File: A16
2005-423 Moved by P Ens
Seconded by M Schafer
"THAT the Ministry of the Environment correspondence dated July 2005 regarding
Transfer of your Drinking Water System to the new regulatory requirements under
Ontario Regulation 252/05 be received for information."
Disposition: Motion Carried Unanimously
(c) Quarterly Reports for the Municipality of Bayham Small Municipal Non-Residential Wells and
the Bayham Water Distribution System for the period ending June 30,2005.
File: E08
COUNCIL.MINUTES -252 - July 21, 2005
2005-424 Moved by P Ens
Seconded by M Taylor
"THAT the Quarterly Reports for the Municipality of Bayham Small Municipal Non-
Residential Wells and the Bayham Water Distribution System for the period ending June
30,2005 be deferred."
Disposition: Motion Carried Unanimously
(d) Annual Compliance Summary Report for the Port Burwell Wastewater Treatment Plant,
Municipality of Bayham for the period ending June 30,2005.
File: E0$
2005-425 Moved by P Ens
Seconded by M Schafer
"THAT the Annual Compliance Summary Report for the Port Burwell Wastewater
Treatment Plant,Municipality of Bayham,for the period ending June 30,2005 be
deferred."
Disposition: Motion Carried Unanimously
(e) Correspondence from Mr. Legg, Simply Scoops,regarding waste collection in Port Burwell
File: C13/E07
2005-426 Moved by P Ens
Seconded by M Taylor
"THAT the correspondence from Mr.Legg,Simply Scoops,regarding waste collection in
Port Burwell be received;
AND THAT staff be directed to provide a dumpster for use by the area businesses for the
August Civic Holiday weekend."
Disposition: Motion Carried Unanimously
(f) Correspondence from Port Burwell Home Hardware,Noah's Ark Café,Lighthouse Restaurant&
Pub and Coal Yard Pizza,regarding waste collection in Port Burwell.
File: C13/E07
2005-427 Moved by M Taylor
Seconded by P Ens
"THAT the correspondence from Port Burwell Home Hardware,Noah's Ark Café,
Lighthouse Restaurant&Pub and Coal Yard Pizza regarding waste collection in Port
Burwell be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -253 - July 21,2005
MOTION TO EXTEND LENGTH OF MEETING
2005-428 Moved by P Ens
Seconded by C Evanitski
"THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall deal
with business until 11:45 p.m. at its meeting of July 21,2005."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2005-429 Moved by M Schafer
Seconded by P Ens
"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
Iocal board employees."
Disposition: Motion Carried Unanimously
2005-430 Moved by P Ens
Seconded by M Schafer
"THAT the Committee of the Whole do now rise from the"In Camera"Session."
Disposition: Motion Carried Unanimously
I. CORRESPONDENCE&REPORTS
(a) Correspondence received July 13,2005 regarding a confidential personal matter.
File: H
(b) Correspondence regarding a confidential personal matter.
(c) Verbal request from Councillor Taylor regarding a confidential personal matter. (Item not
brought forward due to time constraints).
(d) Bayham Culture Committee draft minutes of meeting held June 27,2005. (Referred from Item
9.1(f))
2005-431 Moved by M Taylor
Seconded by M Schafer
"THAT the Bayham Culture Committee draft minutes of meeting held June 27, 2005 be
referred back to Staff for recommendation."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 254 - July 21,2005
(e) Verbal Report regarding a personal matter.
2005-432 Moved by M Schafer
Seconded by M Taylor
"THAT Perry Grant be appointed as Acting Fire Chief."
Disposition: Motion Carried Unanimously
12. BY-LAWS
By-law 2005—061 A By-law to Adopt a Site Plan Control By-law(3'd reading-deferred)
By-law 2005 -065 A By-law to Provide for Richmond Road Drainage Works(No action)
By-law 2005--066 A By-law to Amend Appointments B/L 2005-001
By-law 2005—067 A By-law to Authorize Execution of Agreements for Conditional
Construction Permits
By-law 2005—069 A By-law to Authorize Execution of Lease Agreement with Black&
McDonald(29 Wellington)
By-law 2005—070 A By-law to Authorize Execution of Lease Agreement with 345990
Ontario Ltd. (West Bank Lands)
By-law 2005—068 A By-law to confirm all actions of Council
2005-433 Moved by M Taylor
Seconded by P Ens
"THAT By-law 2005-061 be deferred."
Disposition: Motion Carried Unanimously
2005—434 Moved by P Ens
Seconded by M Taylor
"THAT By-laws 2005-066,2005-067,2005-069 and 2005-070 be read a first,second and
third time and finally passed."
Disposition: Motion Carried Unanimously
2005—435 Moved by P Ens
Seconded by C Evanitski
"THAT confirming By-law 2005-068 be read a first,second and third time and finally
passed."
Disposition: Motion Carried
COUNCIL MINUTES - 255 - July 21,2005
13. ADJOURNMENT
2005—436 Moved by C Evanitski
Seconded by P Ens
"THAT the meeting be adjourned at 11:44 p.m."
Disposition: Motion Carried Unanimously
212./11.4 -k)
6 CLERK
Date Approved: ac,c15,