HomeMy WebLinkAboutMarch 17, 2005 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday March 17,2005 Public Meeting 7:30(Zoning) Community Improvement Plan-Façade Program The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. Thursday, March 17,2005 in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor Mathew Schafer,Councillors Mark Taylor,Paul Ens and Councillor Cliff Evanitski,Administrator Kyle Kruger and Clerk Lynda Millard. Planning Co-ordinator Margaret Underhill,Treasurer Suzanna Mantel and Water/Wastewater Superintendent Ed Roloson were in attendance to present their respective reports. The Clerk vacated Council Chambers during discussion of added item 11.1(c) 1. CALL TO ORDER Mayor 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 March 3,2005 2005-123 Moved by P Ens Seconded by M Taylor "THAT the minutes of the regular meeting of the Municipality of Bayham held March 3,2005 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS None COUNCIL MINUTES - 124 - March 17, 2005 ADDITION OF AGENDA ITEMS 2005-124 Moved by M Taylor Seconded by P Ens "THAT in accordance with Section 21 of Procedural By-law 2002-93, a confidential personal matter,consideration of a Council representative on the Elgin-St. Thomas Municipal Association, correspondence dated March 1,2005 from the Town of Hanover regarding Policing Costs and correspondence from the County of Dufferin be added to the agenda as items 11.1(c),9.1(g),9.1(h) and 9.1(i)respectively." Disposition: Motion Carried Unanimously 5. INFORMATION ITEMS 2005-125 Moved by M Schafer Seconded by M Taylor "THAT Information Items 5(a)through 5(n)be received for information; AND THAT item 5(n)be forwarded to the Bayham Community Economic Development& Tourism Committee." Disposition: Motion Carried Unanimously (a) Bayham Historical Society"History in the Making"newsletter,February 2005 edition and minutes of meeting held February 13,2005. File: C06 (b) Cumming Cockburn correspondence dated February 28/05 regarding Provincial Policy Statement 2005. File: D00 (c) Minutes of the Elgin Group Police Services Board meeting held February 2, 2005. File: C06 (d) Ministry of Natural Resources correspondence dated March 1,2005 regarding annual wildlife rabies control operations. File: A16 (e) AMO correspondence dated February 28 and March 3 regarding"Provincial Announcements on Several Matters at ROMA Conference""Social Development Canada Call for Proposals for Understanding the Early years Pilot Project",and"Province Passes Legislation to Ban Pit Bulls". File: A01 (f) Catfish Creek Conservation Authority Watershed 2004 Annual Report. File: M07 COUNCIL MINUTES - 125 - March 17,2005 (g) Correspondence dated February 22, 2005 from Berva Alderwood regarding Aylmer Express newspaper article. File: C13/P16 (h) Ministry of Agriculture and Food dated March 2, 2005 regarding creation of new Agricultural Drainage Infrastructure Program. File: A16 (i) Power Workers'Union correspondence dated February 18,2005 regarding complimentary copy of"Ontario's Energy Crunch: Why Phasing Out Coal is an Unwise Strategy".Full copy available File: A01 (j) Copy of correspondence dated March 2, 2005 sent to the Honourable Geoff Regan,Minister, Fisheries and Oceans regarding Dredging of Port Burwell,Ontario Harbour. File: T12 (k) Minister Responsible for Seniors correspondence dated February 2005 requesting nominations for 2005 Senior of the Year Awards. File: M02 (1) Ministry of Citizenship and Immigration correspondence dated February 2005 regarding"The Ontario Volunteer Service Awards", "The Outstanding Achievement Awards for Volunteerism in Ontario"and"The Ontario Medal for Young Volunteers". File: M02 (m) Draft minutes of the Edison Museum of Vienna Board meeting held February 21, 2005. File: CO6 (n) Correspondence dated March 10, 2005 from Karen Cummings regarding Vienna Flood Zoning. File: D00 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Staff Report D2005-010 regarding Jamie Underhill Severance Application(surplus farm dwelling). File: D10 2005-126 Moved by P Ens Seconded by C Evanitski "THAT Council's decision on Jamie Underhill's application be deferred pending further information." Disposition: Motion Carried Unanimously (b) Staff Report D2005-009 regarding Abraham Peters Severance Application(lot adjustment). File: D10 COUNCIL MINUTES - 126 - March 17, 2005 2005-127 Moved by C Evanitski Seconded by Paul Ens "THAT Staff Report D2005-009 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E14/05, submitted by Abraham Peters,be approved subject to the final approval of Official Plan Amendment#3 by the Ministry of Municipal Affairs and Housing." Disposition: Motion Carried Unanimously (c) Township of Bayham By-law No. 2005 dated November 7, 1979 and extract from attached subdivision agreement, (Requested by Deputy Mayor Schafer) File: CO1 2005-128 Moved by M Schafer Seconded by P Ens "THAT the Township of Bayham By-law No. 2005 passed November 7, 1979 and extract from the attached subdivision agreement be received; AND THAT the Tree Commissioner be requested to attend the site and make comments for Council's consideration. Disposition: Motion Carried Unanimously 2. PUBLIC MEETING 2005-129 Moved by P Ens Seconded by M Schafer "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 1.(a) Application: 7:30 n.m.—Consideration of a proposed Community Improvement Plan under Section 28 of the Planning Act. Draft By-law 2005-021 and attached Community Improvement Plan The purpose is to provide for a Facade Improvement Loan Program for commercial buildings in designated areas of Port Burwell,Vienna, Straffordville and Eden. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation The Administrator,Kyle Kruger,provided a verbal report on the proposed plan. He advised that the intent is to promote the core business areas of Port Burwell,Vienna, Straffordville and Eden. COUNCIL MINUTES - 127 - March 17, 2005 He noted that the Plan had been drafted in the autumn of 2004 and forwarded to the Ministry of Municipal Affairs&Housing for comment. Comments received have been incorporated in the current material provided to Council. The Administrator added that the required Notice had been placed in the local newspapers and the draft made available in the Municipal Office for review by the public. He advised that no questions or comments had been received by staff to date. 4. Public. Comments Q. Dwight Osborn questioned whether the definition of façade applies to the front of the buildings only. A. The Administrator responded that the intent is beautification of the streetscape. Submissions will be evaluated by the Bayham Community Economic Development&Tourism Committee and determined by Council. He added that renovations would be included if it meets the greater benefit. Q. Karen Cummings questioned what the maximum value of total loans would be. A. The Administrator advised that the Plan allows up to $50,000,adding that$20,000 has been set aside. Q. K. Cummings questioned whether improvements will be based on themes. A. Mr.Kruger advised that the Committee has discussed the improvement in appearances only, that it may evolve to consider themes. There currently are no restrictions, overall improvements are desired. Mayor Lynn Acre added that the Tourism sub-committee may recommend consideration of themes to the BCEDTC. Deputy Mayor Schafer added that the BCEDTC may support themes and would consider on an individual basis. Q. Darryl Mudford questioned whether parking facilities would be included. A. The Administrator advised that only improvements to buildings were eligible. Q. D. Mudford whether there would be a cap on a project or whether it could be changed to include two areas. A. C. Evanitski suggested that would be up to the BCEDTC. The Administrator added that a project would be for one building and could include several components, such as both windows and doors. Q. D.Osborn questioned if the applicants matching contribution must be own monies or if it could be obtained by other borrowing. A. The applicant would be required to finance their portion,but would make their own financing arrangements. COUNCIL MINUTES - 128 - March 17, 2005 Q. K. Cummings questioned whether it was a first come, first served basis and how applications beyond the dollars set aside would be handled. A. The Administrator advised that applications would be due annually in February, evaluated by the Committee and selected for recommendation to Council,otherwise on a first come first served basis. Q. D.Mudford questioned whether this is an annual plan? A. Mayor Acre advised in the affirmative. The Administrator added that the dollars would be recycled as loan repayments were made. 5. Council Comments and Questions Councillor Taylor suggested that the Plan be amended to extend the area in Port Burwell further east on Brock Street to Erieus Street to include shops below the apartments located there. All Council members supported the suggestion for this amendment to be made. He also requested that letters be sent to each business property owner in the designated areas to advise that application information is available at the municipal office. Mayor Acre questioned when a 2005 deadline would be. The Administrator responded that a different 2005 deadline would be set by the BCEDTC depending on Provincial approval of the Plan. Deputy Mayor Schafer thanked all those in attendance for their participation and input. He also congratulated Council in taking these steps to provide a way for downtown property improvements. 6. Adjournment 2005-130 Moved by P Ens Seconded by C Evanitski "THAT the Public Meeting be adjourned at 7:50p.m." Disposition: Motion Carried Unanimously 7. Disposition of Item 2005-131 Moved by M Schafer Seconded by C Evanitski "THAT By-law 2005-021, being a by-law to adopt a Community Improvement Plan, as amended, be presented for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 129 - March 17, 2005 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report PW2005-003 regarding Salt Management Plan. File: A09 2005-132 Moved by P Ens Seconded by C Evanitski "THAT Staff Report PW2005-003 be received; AND THAT the Council of the Municipality of Bayham supports the proposed County of Elgin Salt Management Plan as attached to Report No.PW2005-003; AND THAT Council adopt those portions of the said Plan applicable to the Municipality of Bayham as the Salt Management Plan for the Municipality." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Building Permit Report for the month ending February 28/05 File: P10 2005-133 Moved by M Schafer Seconded by C Evanitski "THAT the Building Permit Report for the month ending February 28/05 be received for information." Disposition: Motion Carried Unanimously (b) Proposed County of Elgin Woodlands Conservations By-law No. 05-03 dated February 15,2005. File: CO2 2005-134 Moved by C Evanitski Seconded by M Schafer "THAT the Council of the Municipality of Bayham request that the County Tree Commissioner attend the next meeting of Council on April 7,2005. " Disposition: Motion Carried Unanimously COUNCIL MINUTES - 130 - March 17, 2005 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#9795 to Cheque#9824 inclusive, except Cheque#9811, totaling$61,036.13,Cash Requirements for the period ending March 315`, and Payroll Disbursements for the period ending February 27, 2005 totaling$44,736.10. 2005-135 Moved by M Taylor Seconded by M Schafer "THAT the Cheque Register,being Cheque#9795 to Cheque#9824 inclusive,except • Cheque#9811,totaling$61,036.13,Cash Requirements for the period ending March 31st and Payroll Disbursements for the period ending February 27/05 totaling$44,736.10 be approved." Disposition: Motion Carried Unanimously (b) Elgin Group Police Services Board correspondence dated March 9, 2005 and proposed 2005 budget. File: F05 2005-136 Moved by M Schafer Seconded by P Ens "THAT the Elgin Group Police Services Board correspondence dated March 9,2005 be received; AND THAT the Council of the Municipality of Bayham does not support the Police Services Board proposed 2005 budget; And requests that the Board reconsider the honorariums being paid, as meetings are every other month,and report back to local councils." Disposition: Motion Carried (c) Long Point Region Conservation Authority correspondence dated February 28,2005,the 2005 budget and municipal levy and audited financial statements for 2004. File: F05 2005-137 Moved by M Schafer Seconded by M Taylor "THAT the Long Point Region Conservation Authority correspondence dated February 28, 2005,the 2005 budget and municipal levy and the audited financial statements for 2004 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 131 - March 17, 2005 (d) Staff Report F2005-07 regarding Financial Report for the period ending February 28,2005. File: FO 2005-138 Moved by M Taylor Seconded by M Schafer "THAT Staff Report 2005-07 regarding financial reporting for the period ending February 28,2005 be received for information." Disposition: Motion Carried Unanimously (e) Staff Report F2005-06 regarding Water&Sewer By-law. File: F05.05 2005-139 Moved by P Ens Seconded by M Schafer "THAT Staff Report F2005-06 be deferred to the next regular Council meeting April 7, 2005." Disposition: Motion Carried Unanimously (f) MPAC correspondence dated February 28, 2005 regarding 2006 Municipal Elections. File: C07 2005-140 Moved by P Ens Seconded by M Schafer "THAT the MPAC correspondence dated February 28,2005 regarding 2006 Municipal Elections be received for information." Disposition: Motion Carried Unanimously (g) Consideration of appointment of a Council representative on the Elgin-St.Thomas Municipal Association was requested by Councillor Evanitski. 2005-141 Moved by C Evanitsld Seconded.by P Ens "THAT Lynn Acre be appointed as the Council representative for Bayham on the Elgin-St Thomas Municipal Association." Disposition: Motion Carried Unanimously (h) Correspondence from the Town of Hanover dated March 1, 2005 requesting support of resolution on Policing Costs. File: CIO COUNCIL MINUTES - 132 - March 17, 2005 2005-142 Moved by M Taylor Seconded by M Schafer "THAT the Council of the Municipality of Bayham support the resolution of the Town of Hanover dated February 28,2005 regarding Policing Costs." Disposition: Motion Carried Unanimously (i) Correspondence from the County of Dufferin requesting support for resolution regarding the provincial gas tax rebate. File: C10 2005-143 Moved by M Taylor Seconded by C Evanitski "THAT the Council of the Municipality of Bayham support the resolution of the County of Dufferin regarding development of a new formula for the gasoline tax rebate to municipalities." Disposition: Motion Carried Unanimously ADDITIONAL ADDED ITEM 2005-144 Moved by M Schafer Seconded by M Taylor "THAT the correspondence from the County of Elgin dated March 3/05 be added to the agenda as item 9.1(j)." Disposition: Motion Carried Unanimously (j) County of Elgin correspondence dated March 3, 2005 regarding critical agricultural issues. File: C10 2005-145 Moved by M Taylor Seconded by M Schafer "THAT the Council of the Municipality of Bayham support the County of Elgin resolution passed March 1,2005 encouraging the Provincial and Federal Ministers of Agriculture to move swiftly to address the tremendous financial shortfall being faced by farmers." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) 2004 Annual Compliance Summary Report for Bayham Water Distribution System. File: E05 COUNCIL MINUTES - 133 - March 17, 2005 2005-146 Moved by P Ens Seconded by M Schafer "THAT the 2004 Annual Compliance Summary Report for the Bayham Water Distribution System be received for information." Disposition: Motion Carried Unanimously (b) Staff Report E2005-003 regarding the 2004 MOE Drinking Water System Inspection Report. File: E05 2005-147 Moved by P Ens Seconded by M Taylor "THAT Staff Report E2005-003 regarding the 2004 MOE Drinking Water System Inspection Report be received for information." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2005-148 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: • personal matters about an identifiable individual,including municipal or local board employees; and • litigation or potential litigation,including matters before administrative tribunals,affecting the municipality or local board." Disposition: Motion Carried Unanimously 2005-149 Moved by P Ens Seconded by M Taylor "THAT the Committee of the Whole do now rise from the"In Camera" Session." Disposition: Motion Carried Unanimously CORRESPONDENCE&REPORTS (a) Confidential correspondence dated March 1,2005 regarding a litigation matter. L13 COUNCIL MINUTES - 134 - March 17, 2005 2005-150 Moved by P Ens Seconded by C Evanitski "THAT Council directs solicitor Barry R. Card to proceed to make Application to the Superior Court as outlined in confidential correspondence dated March 1,2005." Disposition: Motion Carried Unanimously (b) Verbal report regarding a confidential litigation matter. (c) Verbal report regarding a confidential personal matter. 12. BY-LAWS By-law 2005—020 A By-law to Set Water& Sewer Estimates (Deferred) By-law 2005—021 A By-law to Adopt a Community Improvement Plan By-law 2005-022 A By-law to confirm all actions of Council 2005-151 Moved by C Evanitski Seconded by M Taylor "THAT By-law 2005-021, as amended,be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2005-152 Moved by M Schafer Seconded by C Evanitski "THAT confirming By-law 2005-022 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2005-153 Moved by M Taylor Seconded by M Schafer "THAT the meeting be adjourned at 9:52p.m." Disposition: Motion Carried Unanimously V) it/ Jik Alk A'O �l -CORK Date A Tj roved: 7/40S