HomeMy WebLinkAboutApril 21, 2005 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday April 21,2005
7:00 p.m.
(Public Meeting-Drainage 7:45 p.m.)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m.
Thursday, April 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.
Planning Co-ordinator Margaret Underhill, Chief Building Official Dwayne Daniel, Public Works
Superintendent Bob Bartlett and Water/Wastewater Superintendent Ed Roloson were in attendance to
present their respective reports.
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
Councillor Evanitski declared a conflict with regard to items 7.1(b) and 9.1(f) as he has business
dealings with one of the contractors, and vacated Council Chambers during the discussion and
vote.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held April 7, 2005 (Page 142 item 5 should be south
not north)
2005-180 Moved by C Evanitski
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
April 7,2005 be approved as corrected."
Disposition: Motion Carried Unanimously
Minutes of the Special Budget Meeting held April 14, 2005 (Typing error 1st page should be
Taylor)
2005-181 Moved by P Ens
Seconded by M Taylor
"THAT the minutes of the special budget meeting of the Municipality of Bayham held April
14,2005 be approved as corrected."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 154 April 21, 2005
4. DELEGATIONS
(a) 7:00 p.m.—Jim Wilgar and George Poulos,AIM PowerGen were in attendance and updated
Council on the placement of the energy collector and transmission power lines. Council was
encouraged to support the proposed Road Use Agreement Item 7.1(d).
(b) 8:00 p.m.—William Underhill was in attendance regarding use of the utility corridor. Mr.
Underhill reminded Council that the right-of-way along the utility corridor north from Heritage
Line in Straffordville,although being used as one, is not a street. He advised that his
understanding was that the intent of previous Bayham Councils was to take the necessary steps to
clean up this area and designate it as a street. He noted that landowners near the property,
although willing,have been unable to keep the grass cut as there is debris to be removed and the
area leveled. Mr.Underhill requested that a survey and designation as a street be done prior to
other arrangements for pole placement and use of the corridor.
(e) 8:15 p.m.—Ryan Cox.O.P.P. and Chairman Rock were in attendance to present the Elgin
Group Police Services Board 2004 Year End Report and 2005 Business Plan. Item 8.1(a)
ADDITION OF AGENDA ITEM
2005-182 Moved by P Ens
Seconded by M Taylor
"THAT in accordance with Section 21 of Procedural By-law 2002-93,correspondence dated
April 15,2005 from the City of Ottawa regarding Elimination of Retirement Farm Lots be
added to the agenda as item 91(j)."
Disposition: Motion Carried Unanimously
5. INFORMATION ITEMS
2005-183 Moved by M Schafer
Seconded by M Taylor
"THAT Information Items 5(a)through 5(j)be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Community Economic Development&Tourism Committee draft minutes of meeting
held April 13,2005.
File: C06
(b) Bayham Health& Safety Committee minutes of meeting held March 29,2005.
File: C06
(c) Draft minutes of the Bayham Community Centres Committee meeting held March 24,2005.
File: C06
COUNCIL MINUTES - 155 - April 21, 2005
(d) County Council Staff Reports dated February 2 and 23,2005 to County Council regarding
Museum Stakeholder meeting and Proposal.
File: A16
(e) Long Point Region Conservation Authority minutes of meeting held February 25,2005.
File: A16
(f) AMO correspondence dated April 4, 8, 11, 12 and 14, 2005 regarding"federal gas tax revenue
sharing", "AMO Report to Members on April Board Meeting", "New Regulations Introduced for
Bill 124—Building Code Statute Law Amendment Act","Review of Managed Forest
Assessments Means Potential Losses for Municipalities"and"Federal Budget Bill Must be
Adopted Quickly"
File: A01
(g) Ontario Small Urban Municipalities conference registration information
File: A04
(h) Correspondence dated April 7,2005 from Tracy Couture commending staff response.
File: M04
(i) Federation of Canadian Municipalities correspondence dated April 13,2005 regarding Climate
Change Plan.
File: A16
(j) Focus Canada North correspondence received April 5,2005 regarding potential. (Full Packet
available)
File: A16
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated March 31,2005 from Ogilvy Renault LLP on behalf of Erie Shores Wind
Farm Limited Partnership regarding application to the Ontario Energy Board.
File: D
2005-184 Moved by M Taylor
Seconded by M Schafer
"THAT the correspondence dated March 31,2005 from Ogilvy Renault LLP on behalf of
Erie Shores Wind Farm Limited Partnership regarding application to the Ontario Energy
Board be received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report D2005-016 regarding Development Agreement with Gary VanLeeuwen and Richelle
Spanjers.
File: L04
COUNCIL MINUTES - 156 - April 21, 2005
2005-185 Moved by M Schafer
Seconded by C Evanitski
"That By-law No. 2005-030, being a by-law to authorize the execution of a Development
Agreement with Richelle Spanjers and Gerrit Vanleeuwen be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(c) Staff Report C2005-009 regarding Family Health Team Funding.
File: S08.05
2005-186 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report C2005-009 regarding the Family Health Team funding approval be
received for information."
Disposition: Motion Carried Unanimously
(d) Draft By-law 2005-032 to designate a Community Improvement Project Area.
2005-187 Moved by M Taylor
Seconded by P Ens
"THAT By-law 2005-032,being a by-law to designate a Community Improvement Project
Area,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report D2005-010 regarding Jamie Underhill Severance Application(surplus farm
dwelling) (Deferred to May 5th).
File: D10
(b) Staff Report D2005-015 regarding Rezoning Application to remove holding symbol as per
consent application E17/04 submitted by Gary VanLeeuwen and Richelle Spanjers.
File: D14
2005-188 Moved by C Evanitski
Seconded by M Schafer
"THAT Staff Report D2005-015 be received;
COUNCIL MINUTES - 157 - April 21, 2005
AND TIIAT the zoning on a portion of property owned by Gary VanLeeuwen and Richelle
Spanjers described as Part Lot 23 Concession 9, east side of Plank Road in the Hamlet of
Eden,be changed from Hamlet Residential-Holding(HR-h) to Hamlet Residential as
submitted in the rezoning application;
AND TIIAT Zoning By-law No. Z502-2005 be presented to Council for enactment"
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
CORRESPONDENCE&REPORTS
(a) Staff Report PW2005-004 regarding Road Activity Report February/March 2005.
File: T06
2005-189 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report PW2005-004 regarding Public Works activities for the months of
February and March 2005 be received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report PW2005-005 regarding Landscape Service Agreements.
File: L04
2005-190 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report PW2005-005 regarding landscape services agreement be received;
AND THAT By-law 2005-035,being a by-law to authorize the Mayor and Clerk to execute a
contract agreement with Small Town Landscape Services Ltd. for the year 2005, be
presented to Council for enactment;
AND THAT By-law 2005-036, being a by-law to authorize the Mayor and Clerk to execute a
contract agreement with Thomas Wilson, for the year 2005, be presented to Council for
enactment."
Disposition: Motion Carried
(c) Correspondence dated April 4,2005 from Don Manion requesting reconsideration regarding
Road Allowance.
File: C13
COUNCIL MINUTES - 158 - April 21, 2005
2005-191 Moved by M Taylor
Seconded by P Ens
"THAT the correspondence dated April 4, 2005 from Don Manion requesting
reconsideration regarding Road Allowance be received;
AND THAT the other abutting property owners be contacted for comment."
Disposition: Motion Carried Unanimously
(d) Staff Report PR2005-007 regarding AIM Power Road Use Agreement.
File: L04
2005-192 Moved by M Taylor
Seconded by M Schafer
"THAT the Council of the Municipality of Bayham Agree in Principle with AIM PowerGen
Corporation to permit a new hydro pole line on the opposite side of the road from the
existing Hydro One pole lines;
AND THAT a Road Use Agreement with AIM PowerGen be completed prior to any
construction;
AND THAT such agreement include provision that new AIM PowerGen pole lines be
located at minimum setbacks from the travelled roadway and accommodate future projects
as determined by Bayham and/or County of Elgin staff,and require that AIM consult with
the Elgin County Tree Commissioner before any vegetation is removed to discuss tree
replacement options at AIM PowerGen's cost to achieve a no net loss of trees."
Disposition: Motion Carried
2. PUBLIC MEETING
2005-193 Moved by C Evanitski
Seconded by M Taylor
"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
Application:
7:45 n.m.-Consideration of Engineer Report 98134-1 prepared by Spriet Associates regarding
the"County Road No.43 Drain Extension 2005".
File: E09
2. Declaration of Pecuniary Interest and the General Nature Thereof None
COUNCIL, MINUTES - 159 - April 21,2005
3. Engineer I Staff Presentation
Staff Report DR2005-004 and Engineer Report 98134-1
Drainage Superintendent Dwayne Daniel presented his report and advised that no written
comments or concerns had been received. It was noted that Mr. Walcarius is paying the full cost
as the work is the result of a condition of his severance applications. He added that any future
maintenance costs will be the responsibility of all affected property owners.
Spriet Associates representative John Spriet Jr.was in attendance to answer any questions.
4. Public Comments None
5. Council Comments and Questions None
6. Adjournment
2005-194 Moved by M Taylor
Seconded by C Evanitski
"THAT the Public Meeting be adjourned at 8:25 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2005-195 Moved by M Scahfer
Seconded by P Ens
"THAT Staff Report DR2005-04 regarding the County Road#43 Drain Extension 2005 be
received;
AND THAT in accordance with Chapter 14,Sections 44 to 46 of the Drainage Act,the
Council of the Corporation of the Municipality of Bayham hereby adopts Report#98134-1
dated March 18,2005 as prepared by Spriet Associates,and referred to as the County Road
#43 Drain Extension 2005;
AND THAT Provisional By-law#2005-034 be given first and second reading;
AND THAT a date of May 19,2005, at 8:00 p.m. be set for the first sitting of the Court of
Revision;
AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice
of the time and place of the first sitting of the Court of Revision to the affected parties,
pursuant to provisions of the Drainage Act."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 160 - April 21,2005
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Elgin Group Police Services Board 2004 Year End Report and 2005 Business Plan.
File: P17
2005-196 Moved by P Ens
Seconded by M Taylor
"THAT the Elgin Group Police Services Board 2005 Business Plan be received for
information."
Disposition: Motion Carried Unanimously
(b) Staff Report PR2005-006 regarding Food Concession—Municipal Beach.
File: P17
2005-197 Moved by M Taylor
Seconded by P Ens
"THAT Council authorize extension of the Agreement with C.Valerie Donnell to operate a
Concession Food Booth on the beach at Port Burwell, as approved by By-law No.2003-55,
for the summer of 2005,with a total lease amount of$2,800,and that the contractor be
permitted to operate during April of 2005,at the contractor's discretion."
Disposition: Motion Carried Unanimously
(c) Staff Report P2005-010 regarding 2005 Yard Enforcement Contract.
File: P01
2005-198 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report#P2005-010 regarding Yard Maintenance Contract Services for 2005
be received;
AND THAT Council direct staff to request proposals,for Council's consideration,from
contractors wishing to assist with yard maintenance enforcement and require confirmation
of the appropriate insurance coverage."
Disposition: Motion Carried Unanimously
(d) Staff Report P2005-011 regarding Provincial Pit Bull Ban.
File: P01
COUNCIL. MINUTES - 161 - April 21,2005
2005-199 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report#P2005-011 be received for information."
Disposition: Motion Carried Unanimously
(e) Ministry of Natural Resources email, letter and background material regarding Sunday gun
hunting proposal.
File: C13
2005-200 Moved by M Taylor
Seconded C Evanitski
"THAT the Ministry of Natural Resources email,letter and background material
regarding Sunday gun hunting proposal be received;
AND THAT the Council of the Municipality of Bayham supports Sunday gun hunting in
Bayham."
Disposition: Motion Carried
(f) Correspondence from Shirley Biro received April 12,2005,requesting permission to use the
municipal sign to promote the Straffordville Church Anniversary.
File: C13
2005-201 Moved by M Taylor
Seconded C Evanitski
"THAT the correspondence from Shirley Biro received April 12,2005 be received;
AND THAT the Council of the Municipality of Bayham grants permission to use the
municipal sign to promote the Straffordville Church Anniversary as requested, subject to
municipal requirements."
Disposition: Motion Carried
ADDED ITEM
(g) The following resolution was passed by Council in response to the presentation made by William
Underhill.
2005-202 Moved by C Evanitski
Seconded P Ens
"THAT the Council of the Municipality of Bayham direct their representatives to have the
Otter Valley Utility Corridor&Recreational Trail Board to approach the representatives
of the Town of Tillsonburg to establish formal streets in Eden and Straffordville areas along.
the corridor acceptable to Bayham Council."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 162 - April 21, 2005
MOTION TO EXTEND LENGTH OF MEETING
2005-203 Moved by C Evanitski
Seconded M Schafer
"THAT in accordance with Section 12 of the Procedural By-law 2002-93, Council shall deal
with business until 11:00 p.m. at its meeting of April 21,2005."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#9962 to Cheque# 10036 inclusive, except Cheque# 10001
totaling$156,630.49 and Payroll Disbursements for the period ending April 10,2005 totaling
$39,507.19.
2005-204 Moved by C Evanitski
Seconded M Schafer
"THAT the Cheque Register,being Cheque#9962 to Cheque# 10036 inclusive, except
Cheque# 10001 totaling$ 156,630.49 and Payroll Disbursements for the period ending
April 10th totaling$39,507.19 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report P2005-012 regarding Lottery Licensing-Coal Flats Blues Festival.
File: P09.05
2005-205 Moved by M Schafer
Seconded M Taylor
"That Staff Report P2005-012 regarding the Coal Flats Blues Festival Inc.'s first time
application to conduct a raffle lottery be received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report F2005-11 regarding Financial Reporting for the period ending March 31,2005.
File: F03
2005-206 Moved by M Taylor
Seconded M Schafer
"That Staff Report F2005-11 regarding financial reporting be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 163 - April 21, 2005
(d) Draft minutes of the Edison Museum of Vienna Board meeting held March 21,2005. (Council
consideration of Section 7 requested)
File: C06
(e) Correspondence dated April 5,2005 from the Lions Club of Straffordville regarding submission
of the Municipal Assistance Application.
File: C13
2005-207 Moved by M Schafer
Seconded M Taylor
"THAT the correspondence dated April 5,2005 from the Lions Club of Straffordville
regarding submission of the Municipal Assistance Application be received;
AND THAT staff and Council representatives meet with the Lions Club to discuss the issues
raised."
Disposition: Motion Carried Unanimously
(f) Staff Report C2005-008 regarding Cemetery Care Services
File: L04
2005-208 Moved by P Ens
Seconded M Taylor
"THAT Staff Report C2005-008 be received;
AND THAT the price quote submitted by Small Town Landscape Services Ltd.be
accepted;
AND THAT By-Law 2005-033, being a by-law to authorize the execution of an agreement
between the Municipality of Bayham and Small Town Landscape Services Ltd. for the
provision of abandoned cemetery care services,be presented to Council for enactment;
AND THAT Council approves arrangements for continuation of care for the Otter Valley
Cemetery by Carl and Sandra Hotz as requested."
Disposition: Motion Carried
(g) Draft By-law 2005-029 regarding the sale of municipal lands.
2005-209 Moved by P Ens
Seconded M Schafer
"THAT By-law 2005-029, being a by-law to authorize the Mayor and Clerk to execute
documents for the sale of real property,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 164 - April 21, 2005
(h) Draft By-law 2005-026 amending Committee Appointments By-law 2005-001.
2005-210 Moved by M Schafer
Seconded M Taylor
"THAT By-law 2005-026,being a by-law to amend appointments by-law 2005-001,as
amended,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(i) Long Point Region Conservation Authority correspondence dated April 7,2005 and the 2004
Annual Report and 2005 Business Plan.
2005-211 Moved by M Taylor
Seconded by M Schafer
"THAT the Long Point Region Conservation Authority correspondence dated April 7,2005
and the 2004 Annual Report and 2005 Business Plan be received for information."
Disposition: Motion Carried Unanimously
(j) City of Ottawa correspondence regarding Elimination of Retirement Farm Lots
2005-212 Moved by C Evanitski
Seconded by P Ens
"THAT the Council of the Municipality of Bayham supports the resolution passed by the
City of Ottawa on March 9,2005 regarding the Elimination of Retirement Farm Lots."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) Bayham Water Distribution System Quarterly Report for the period ending March 31,2005.
File: E05
2005-213 Moved by M Schafer
Seconded by P Ens
"THAT the Bayham Water Distribution System Quarterly Report for the period ending
March 31,2005 be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 165 - April 21, 2005
(b) Bayham Small Municipal Non-Residential Wells Quarterly Report for the period ending March
31, 2005.
File: E05
2005-214 Moved by M Taylor
Seconded by M Schafer
"THAT Quarterly Report for the Municipality of Bayham Small Municipal Non-
Residential Wells for the period ending March 31,2005 be received for information."
Disposition: Motion Carried Unanimously
(c) Wastewater Treatment Plant Quarterly Report for the period ending March 31,2005.
File: E05
2005-215 Moved by M Schafer
Seconded by P Ens
"THAT the Port Burwell Wastewater Treatment Plant Compliance Summary for the
period ending March 31,2005 be received for information."
Disposition: Motion Carried Unanimously
(d) Verbal report re malfunctioning chlorine feeder at Bayham/Malahide townline(Secondary water
system)
2005-216 Moved by M Taylor
Seconded by M Schafer
"THAT the Staff Memo regarding the malfunction of the chlorine feeder at the
MalahidelBayham townline- Secondary Water System be received;
AND THAT appropriate adjustments be made to the associated costs to Bayham as a result
of the flushing."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE No Items
12. BY-LAWS
By-law Z502—2005 A By-law to Further Amend B/L Z456—2003 (VanLeeuwen/Spanjers)
By-law 2005—026 A By-law to Further Amend Appointments By-law 2005-001
By-law 2005—029 A By-law to Authorize the Mayor&Clerk to Execute Documents for the
Sale of Lands (Mitchell/Teichroeb)
COUNCIL MINUTES - 166 - April 21, 2005
By-law 2005 -030 A By-law to Authorize the Execution of a Development Agreement with
VanLeeuwen/Spanj ers
By-law 2005.032 A By-law to designate a Community Improvement Project Area
By-law 2005—033 A By-law to Authorize the Mayor&Clerk to Execute an Agreement
with Small Town Landscape Services for Abandoned Cemetery C&M
By-law 2005—034 A By-law to Authorize Drainage Works (Cty Rd#43)
By-law 2005—035 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Landscape Services
By-law 2005—036 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Landscape Services
By-law 2005—031 A By-law to confirm all actions of Council
2005-217 Moved by M Schafer
Seconded by P Ens
"THAT By-law 2005-034 be read a first and second time;
AND THAT By-laws Z502-2005,2005-026,2005-029,2005-030,2005-032,2005-033,2005-
035 and 2005-036 be read a first,second and third time and finally passed."
Disposition: Motion Carried
2005-218 Moved by P Ens
Seconded by M Taylor
"THAT confirming By-law 2005-031 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2005-219 Moved by M Taylor
Seconded by M Schafer
"THAT the meeting be adjourned at 11:15 p.m."
Disposition: Motion Carried Unanimously
46412---
M Y RCLERK
Date Approved: 5, 2 DO S