HomeMy WebLinkAboutAugust 18, 2005 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday August 18,2005
6:45 p.m.—Presentation of Award
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m.
Thursday,August 18,2005 in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor
Mathew Schafer, Councillors Mark Taylor and Paul Ens,Administrator Kyle Kruger and Clerk Lynda
Millard. Councillor Cliff Evanitski was absent. Planning Co-ordinator Margaret Underhill,Drainage
Superintendent Dwayne Daniel and Water/Wastewater Superintendent Ed Roloson were in attendance to
present their respective reports.
1. CALL TO ORDER& PRESENTATION
Mayor Lynn Acre called the meeting to order at 6:45 and invited Jean Mason former Port Burwell
Marine Museum Board member forward. The Mayor presented Mrs.Mason with a certificate of
recognition and thanked her for her dedicated volunteer efforts on the Board over the years.
The meeting was adjourned to allow for a short social time and reconvened at 7:05 p.m. Council
members, staff, family and friends offered appreciation and congratulations to Mrs. Mason.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF None
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held August 4,2005
2005-459 Moved by M Schafer
Seconded by M Taylor
"THAT the minutes of the regular meeting of the Municipality of Bayham held August 4,
2005 be approved as circulated."
Disposition: Motion Carried Unanimously
ADDITION OF AGENDA ITEMS
2005-460 Moved by M Schafer
Seconded by P Ens
"THAT in accordance with Section 21 of Procedural By-law 2002-93,the resolution of the
Township of Wellington North passed July 11/05,Zoning By-law Z507-2005 be added to the
agenda as item(s)9.1(i)and 12 respectively."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 264 - Aug. 18,2005
4. DELEGATIONS None
5. INFORMATION ITEMS
2005-461 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 July 29,2005.
File: C06
(b) "Get Active in Elgin"Active Transportation Planning workshops September 13 and 14,2005.
File: A04
(c) Ministry of Municipal Affairs&Housing News Release dated August 8 and 12 2005 regarding
"Ontario Supports Tourism Revitalization in Stratford"and 2006 Rent Increase Guideline
Released.
File: M06
(d) Ministry of Government Services News Release dated August 11, 2005 regarding"Retail
Closings on Labour Day"
File: M06
(e) Ministry of Natural Resources correspondence dated August 2,2005 regarding rabies control.
File: AI
(f) Association of Municipalities of Ontario correspondence dated August 11 and 12,2005 regarding
"Canada-Ontario Infrastructure Program(COIP)Extension", "Province Announcers Details of
1000 Officers Partnership Program"and"Electricity Procurement Program for Municipalities".
File: A01
(g) Minister of Citizenship&Immigration correspondence dated August 2005 regarding Citizenship
Week.
File: A16
(h) AIM PowerGen Corporation Erie Shores Wind Farm Newsletter dated August 2005.
File: M06
(i) Bayham Historical Society"History in the Making"and draft minutes of meeting held June 9,
2005.
File: C06
(j) Email correspondence dated August 12, 2005 regarding announcement by David Caplan,
Minister of Public Infrastructure Renewal regarding OSIFA Loans.
File: A16
COUNCIL MINUTES - 265 - Aug. 18,2005
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
I. CORRESPONDENCE&REPORTS
(a) Staff Report D2005-041 regarding Tupper Rezoning. (The Planning Co-ordinator advised that
the Tupper's do not wish to withdraw their OPA application at this time.)
File: D14
2005-462 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report D2005-041 be received;
AND THAT the zoning on the property owned by Jamie and Sheila Tupper located at
Concession 10 Part Lot 20,56843 Green Line,be changed from Agriculture(Al)to Site-
Specific Agriculture(A1-20);
AND THAT Zoning By-law Z507-2005 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report C2005-016 regarding BCHAC—Family Health Team Project Update.
File: S08.05
2005-463 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report C2005-016 regarding Family Health Team Project Update be received
for information."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Staff Report DR2005-009 regarding Richmond Road Extension 2005 Drain—Petition filed by
County of Elgin Engineer.
File: E09
2005-464 Moved by P Ens
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham acknowledges the filing with the Clerk
of the Petition for the Richmond Road Municipal Drain Extension,in the Hamlet of
Richmond on August 11,2005;
AND THAT Staff Report DR2005-009 regarding the petition for drainage work for an
extension of the Richmond Road Municipal Drain be received;
COUNCIL MINUTES - 266 - Aug. 18, 2005
AND THAT Council agrees to proceed with this matter and appoint 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,and in accordance with the
Drainage Act."
Disposition: Motion Carried Unanimously
ADDITION OF ITEM&DECLARATION OF PECUNIARY INTEREST
Discussion commenced regarding the status of the Richmond Road Drain Engineer's Report
#205067. Mayor Acre declared an interest and Deputy Mayor Schafer assumed the chair.
2005-465 Moved by P Ens
Seconded by M Taylor
"WHEREAS Council acknowledged the filing with the Clerk of the Petition for the
Richmond Road Municipal Drain Extension on August 11,2005;
AND WHEREAS Council has agreed to proceed by appointing Spriet Associates,
Engineers,to prepare a preliminary report on the proposed drainage area,for Council's
consideration.
AND WHEREAS Council is confident that the completion of the Richmond Road Drain
Extension will address outlet concerns raised by the affected owner at the Public Meeting
held July 21,2005;
THEREFORE BE IT RESOLVED THAT Council sets the date of September 1,2005 at
8:00 p.m.to reconsider the Richmond Road Drain Engineer's Report#205067;
AND THAT Staff be directed to mail Public Meeting Notices to all persons assessed to this
drainage works,in accordance with the Drainage Act."
Disposition: Motion Carried
8. PROPERTY, BUILDING&PROTECTIVE SERVICES
CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending July 31,2005
File: P10
2005-466 Moved by P Ens
Seconded by M Taylor
"THAT the Building Permit Report for the month ending July 31,2005 be received for
information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 267 - Aug. 18, 2005
(b) Country Camping correspondence dated August 9, 2005 regarding ongoing activities.
P00
2005-467 Moved by M Taylor
Seconded by P Ens
"THAT the correspondence from Country Camping dated August 9th be received for
information."
Disposition: Motion Carried Unanimously
(c) Draft by-law and agreement with White Construction,Inc. for rental of property located at#31
Elizabeth Street,Port Burwell.
File: L04
2005-468 Moved by M Taylor
Seconded by M Schafer
"THAT By-law 2005-078,being a by-law to authorize the Mayor and Clerk to execute a
lease agreement with H.B.White Canada Corp.,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
9. FINANCE, ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 10630 to Cheque# 10690 inclusive, except Cheque# 10665
totaling$76,961.77 and Cash Requirements for the period ending August 15th
2005-469 Moved by P Ens
Seconded by M Taylor
"THAT the Cheque Register,being Cheque# 10630 to Cheque# 10690 inclusive, except
Cheque# 10665,totaling$76,961.77 and Cash Requirements for the period ending August
15th be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2005-25 regarding Section 357 Applications.
File: F22
2005-470 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report F2005-25 regarding Section 357 reductions be received;
COUNCIL MINUTES - 268 - Aug. 18, 2005
AND THAT total taxes in the amount of$220.71, as identified on Schedule A attached to
the Report,be cancelled,refunded or reduced pursuant to Section 357 of the Municipal Act,
2001."
Disposition: Motion Carried Unanimously
(c) Staff Report F2005-26 regarding Drain Maintenance.
File:
2005-471 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report F2005-26 regarding Drain Maintenance be received;
AND THAT By-Law 2005-073,being a by-law to provide for the maintenance of drains
within the municipality and to raise the sum of$22,338.19 to cover the costs,be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
(d) Draft minutes of the Port Burwell Marine Museum meeting held August 2,2005 and draft B/L
2005-074 appointing Paul Bisson as a member.
File: C06
2005-472 Moved by M Taylor
Seconded by M Schafer
"THAT the draft minutes of the Marine Museum Board meeting held August 2,2005 be
received;
THAT Council approves the appointment of Paul Bisson to the Board;
AND THAT By-law 2005-074,being a by-law to further amend appointments By-law
2005-001,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) County of Elgin correspondence dated July 28,2005 regarding funding approval for renovation of
the fourth floor of the County Administration Building.
File: A16
2005-473 Moved by P Ens
Seconded by M Schafer
"THAT the County of Elgin correspondence dated July 28,2005 regarding funding
approval for renovation of the fourth floor of the County Administration Building be
received for information."
Disposition: Motion Carried Unanimously
COUNCIL, MINUTES - 269 - Aug. 18, 2005
(f) County of Elgin correspondence dated July 11, 2005 regarding Woodlands Conservation By-law
and draft By-law 2005-076.
File: CO2
2005-474 Moved by M Schafer
Seconded by P Ens
"THAT the County of Elgin correspondence dated July 11,2005 regarding Woodlands
Conservation By-law be received;
AND THAT By-law 2005-076,being a by-Iaw to delegate authority to the County of Elgin
respecting the destruction or injury of trees,be presented to Council for enactment."
Disposition: Motion Carried
(g) Staff Report F2005-028 regarding COMRIF Intake#2.
File: F11
2005-475 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Report F2005-028 be received;
AND THAT Staff be directed to prepare the necessary documentation for application under
Intake Two of the COMM program for the Joint Port Burwell Area Road Reconstruction
Project excluding the Brock and Strachan Street project."
Disposition: Motion Carried
(h) Staff Report E2005-004 regarding Application for Water Service Renewal-Pierce.
File: L14
2005-476 Moved by M Schafer
Seconded by P Ens
"THAT By-law No.2005-077,being a by-law to authorize the execution of an agreement for
the provision of water services with Robert and Kimberly Pierce, be presented to Council
for enactment.
Disposition: Motion Carried
(i) Township of Wellington North resolution passed July 11/05.
File: C10
COUNCIL MINUTES - 270 - Aug. 18, 2005
2005-477 Moved by M Schafer
Seconded by P Ens
"THAT the Municipality of Bayham supports the resolution passed by the Township of
Wellington North on July 11, 2005 regarding the replacement of the Community
Investment Fund(CRF) by the Ontario Municipal Partnership Fund(OMPF) and requests
that the Province of Ontario consider the level of funding received by municipalities in 2004
as a minimum Ievel of core funding with annual adjustments to reflect local cost increases
and increased municipal responsibilities due to legislative changes from time to time."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) 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
2005-478 Moved by M Schafer
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 received for information."
Disposition: Motion Carried Unanimously
(b) Annual Compliance Summary Report for the Port Burwell Wastewater Treatment Plant,
Municipality of Bayham for the period ending June 30, 2005.
File: E08
2005-479 Moved by M Schafer
Seconded by P,Ens
"THAT the Annual Compliance Summary Report for the Port Burwell Wastewater
Treatment Plant,Municipality of Bayham,for the period ending June 30,2005 be received
for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 271 • Aug. 18,2005
11. COMMITTEE OF THE WHOLE
2005-480 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
2005-481 Moved by P Ens
Seconded by M Schafer
"THAT the Conunittee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
CORRESPONDENCE&REPORTS
No Items
2. UNFINISHED BUSINESS
(a) Bayham Culture Committee draft minutes of meeting held June 27, 2005. (Referred to stafffor
recommendation)
2005-482 Moved by M Schafer
Seconded by P Ens
"THAT the Bayham Culture Committee draft minutes of meeting held June 27, 2005 be
received;
AND THAT the Municipality provide the necessary staff resources to the Bayham Culture
Committee to carry out secretarial duties,including preparation of agendas, minutes,
correspondence,contacts and follow-up and grant application and reporting activities;
AND THAT the Resources Contact(Clerk) allocate these duties as appropriate."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 272 - Aug. 18,2005
12. BY-LAWS
By-law Z507-2005 A By-law Further Amending Zoning B/L Z456-2003 (Tupper)
By-law 2005—073 A By-law to Provide for the Maintenance of Drains
By-law 2005—074 A By-law to Further Amend Appointments B/L 2005-001
By-law 2005—076 A By-law Delegating Authority to the County of Elgin Respecting the
Destruction or Injury of Trees
By-law 2005—077 A By-law to Authorize the Execution of a Water Agreement Renewal
(Pierce)
By-law 2005—078 A By-law to Authorize the Mayor&Clerk to Execute a Lease
Agreement for 31 Elizabeth St.Pt.Burwell
By-law 2005—075 A By-law to confirm all actions of Council
2005-483 Moved by P Ens
Seconded by M Schafer
"THAT By-laws Z507-2005,2005-073,2005-074,2005-076,2005-077 and 2005-078 be read a
first,second and third time and finally passed."
Disposition: Motion Carried Unanimously
2005-484 Moved by P Ens
Seconded by M Schafer
"THAT confirming By-law 2005-075 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2005-485 Moved by M Schafer
Seconded by P Ens
"THAT the meeting be adjourned at 9:15 p.m."
Disposition: Motion Carried Unanimously
MAYOR A AIk J CLERK , d
Date Approved: �� i A