HomeMy WebLinkAboutAugust 19, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O.Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,August 19,2004
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on
Thursday,August 19, 2004 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 Chief Building Official Dwayne Daniel 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 Councillor Ens declared an interest in Item 8.2(b)as he has options with
a competitor and did not participate in discussion nor vote on this item.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held August 5,2004
2004-393 Moved by M Taylor
Seconded by P Ens
"THAT the minutes of the regular meeting of the Municipality of Bayham held
August 5,2004 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Shirley Bell,petitioner,was in attendance regarding trailer#32 at the Green Acres
Trailer Park. Ms.Bell raised concerns that the area was not large enough to accommodate
additional construction. The Mayor advised that the Municipality has jurisdiction over the
setback requirements only in this case.
Item 8.1(a)
(b) 7:20 p.m.—Alex Dammert trailer#32 owner, Green Acres Trailer Park provided pictures of
buildings within Bayham in close proximity to each other. Mr_Dammert explained that he had
reserved the site when it was vacant,placing a trailer there once he was able to purchase one. He
now wanted to add on, as others in the park had done,to accommodate his family's needs and
enjoyment.
COUNCIL MINUTES - 166 August 19, 2004
ADDITION OF AGENDA ITEMS
2004-394 Moved by M Schafer
Seconded by C Evanitski
"THAT in accordance with Section 21 of the Procedural By-law 2002-93,Memorandum
C2004-014 and a verbal report regarding a personnel matter be added to the agenda as
item(s)9.1(d)and 11.1(a)respectively."
Disposition: Motion Carried Unanimously
5. INFORMATION ITEMS
2004-395 Moved by M Taylor
Seconded by P Ens
"THAT Information Items 5(a)through 5(j)be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Culture Committee draft minutes of meeting held August 9,2004.
File: C06
(b) Joint Meeting Port Burwell Marine Museum,Edison Museum,Municipal Representatives draft
minutes of meeting held August 10,2004.
File: C06
(c) Letter of appreciation from Jim Elliot regarding properties in Port Burwell.
File: M04
(d) Association of Municipalities of Ontario correspondence dated July 15 and 20,August 9 and 10,
2004 regarding"McGuinty Government Announces Release of$58.2 Million Federal Child Care
Transfer Funds","City of Peterborough needs your Assistance","Union Action Could See"Two-
Hatter"Fire Fighters Dismiss", "Divisional Court Upholds MPAC's Right to Refuse Information
Requests"and"Province Helps Municipalities Save Lives with Red Light Cameras".
File: A01
(e) Land Improvement Contractors of Ontario correspondence dated August 6,2004 regarding
"Government of Ontario Decision to Cancel grants under the Drainage Act".
File: E09/A01
(f) Municipal Property Assessment Corporation correspondence dated August 4, 2004 regarding
Ontario's current value assessment system and MPAC's service.
File: A16
(g) Recycling Council of Ontario correspondence dated August 5,2004 regarding"Waste Reduction
Week in Canada".
File: A01
COUNCIL MINUTES - 167 - August 19,2004
(h) Wetland Habitat Fund correspondence dated May 20, 2004 regarding new brochures.
File: A01
(i) Tillsonburg District Memorial Hospital Report to the Community 2003-2004.
File: S00
(1) The Ontario Aggregate Resource Corporation correspondence dated July 2004 regarding 2003
Annual Report.
File: A01
6. PLANNING, DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2004-028 regarding Lindsay Severance application E75/04.
File: D10
2004-396 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report D2004-028 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E75/04 be approved subject to:
1. $500 cash-in-lieu payment to the Municipality for one newly created lot
2. Municipal Lot Assessments on the severed and retained parcels."
Disposition: Motion Carried Unanimously
(b) Staff Report D2004-027 regarding Terry&Maria Black severance application E49/04.
File: D10
2004-397 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report D2004-027 be received;
AND THAT Council considered Land Division Committee Application#E49/04 submitted
by Terry&Maria Black and is of the opinion that it is in keeping with the general intent
and purpose of the Official Plan of the Municipality of Bayham;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E49/04 be approved subject to:
1. rezoning the severed parcel from Agriculture(Al)to Rural Residential (RR)
2. rezoning of the retained parcel from Agriculture(Al)to Special Agriculture(A2)
3. $500 cash-in-lieu payable to the Municipality for one created lot
4. Municipal Lot Assessment on the severed parcel."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 168 - August 19,2004
(c) Correspondence received August 4, 2004 from Nancy Biekx, St. Luke's Anglican Church Guild
requesting permission to use the Vienna Memorial Park for a Yard Sale on August 28t.
File: C13
2004-398 Moved by P Ens
Seconded by M Taylor
"THAT the correspondence received August 4,2004 from Nancy Biekx, St.Luke's Anglican
Church Guild be received;
AND THAT Council grants permission to use the Vienna Memorial Park for a Yard Sale on
August 28th,subject to provision of proof of liability insurance coverage;
AND THAT the cleanup of the park be the responsibility of the organizers."
Disposition: Motion Carried Unanimously
(d) Frank Cowan Company fax correspondence dated July 26, 2004 responding to inquiry regarding
proposed bicycle trail at Eden and Area Community Park.
File: L08
2004-399 Moved by C Evanitski
Seconded by M Schafer
"THAT the Frank Cowan Company fax correspondence dated July 26,2004 responding to
inquiry regarding proposed bicycle trail at Eden and Area Community Park be received;
AND THAT the correspondence be forwarded to the organizers for information."
Disposition: Motion Carried Unanimously
(e) Bayham Economic Development&Tourism Committee draft minutes of meeting held August
11,2004.
File: C06
2004-400 Moved by M Taylor
Seconded by P Ens
"THAT the Bayham Economic Development&Tourism Committee draft minutes of
meeting held August 11,2004 be received;
AND THAT Council supports the recommendation to restructure the Bayham Community
Economic Development and Tourism Committee forming a Tourism Workgroup and a
Commerce and Development Workgroup as subcommittees;
AND THAT new mandates be drafted for the Committee and the sub-committees for
Council's consideration."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 169 August 19,2004
(f) Resolution submitting nominations to receive the Ontario Heritage Foundation Community
Recognition Program 2004 Award.
File: M02
2004-401 Moved by M Schafer
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham hereby nominates Ross Andrews and
Carol A.Judd to receive the Heritage Community Recognition Program 2004 Award for
their volunteer efforts in preparation of the publication `Vienna Historical Highlights
1853—2003'."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Staff Report PW2004-008 regarding Greentree Gas and Oil-Brine Agreement.
File: L04
2004-402 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report PW2004-008 be received;
AND THAT Staff be directed to obtain legal comment on the draft agreement with
Greentree Gas and Oil Ltd.for consideration of CounciI."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
L CORRESPONDENCE&REPORTS
(a) Petition dated August 8,2004 regarding trailer placement at Green Acres Trailer Park.
File: M04
2004-403 Moved by C Evanitski
Seconded by M Schafer
"THAT the petition dated August 8,2004 regarding trailer placement at Green Acres
Trailer Park be received for information."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 170 - August 19, 2004
2. UNFINISHED BUSINESS
(a) Staff Report regarding Green Acres Trailer Park.
File: P01
2004-404 Moved by P Ens
Seconded by M Schafer
"THAT the Staff Report regarding Green Acres Trailer Park Building Permit be received;
THAT the setback of a 6.0 metres front yard and a 1.0 metre side yard apply to the subject
site;
THAT any new construction will require a 6.0 metre front yard and a 3.0 metre side yard;
THAT the building permit issued June 21,2004 be cancelled;
THAT new plans be submitted to show new construction that will maintain a minimum of
3.0 metres from the west side yard lot line;
AND THAT a new building permit be issued reflecting the 3.0 metre setback for the new
construction."
Disposition: Motion Carried Unanimously
(b) AIM PowerGen Option Agreement
File: L04
2004-405 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report L2004-004 be received;
AND THAT Council approves the Option Agreement with AIM PowerGen Corporation,as
amended;
AND THAT By-law 2004-076,being a by-law to authorize the Mayor and Clerk to execute
the Option Agreement with AIM PowerGen Corporation,be presented to Council for
enactment."
Disposition: Motion Carried
9. FINANCE,ADMINISTRATION & PERSONNEL
CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#8601 to Cheque#8695 inclusive, except cheques# 8638 and
8652,totaling$ 157,622.41, Cash Requirements for the period ending August 31St and Payroll
Disbursements for the period ending August 4,2004 totaling$42,931.44.
COUNCIL MINUTES - 171 - August 19,2004
2004-406 Moved by P Ens
Seconded by C Evanitski
"THAT the Cheque Register being Cheque#8601 to Cheque#8695 inclusive, except
cheques#8638 and 8652,totaling$ 157,622.41,Cash Requirements for the period ending
August 31st and Payroll Disbursements for the period ending August 4,2004 totaling$
42,931.44 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2004-31 regarding Financial Report for the period ending July 313`.
File: F03
2004-407 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report F2004-031 regarding Financial Report for the period ending July 31,
2004 be received for information."
Disposition: Motion Carried Unanimously
(c) Port Burwell Community Child Care Centre correspondence dated August 6, 2004 requesting
support.
File: C13
2004-408 Moved by P Ens
Seconded by C Evanitski
"THAT the Port Burwell Community Child Care Centre correspondence dated August 6,
2004 be received;
AND THAT Council defer the request to budget deliberations."
Disposition: Motion Carried Unanimously
(d) Staff Memorandum C2004-14 regarding Bayham Culture Committee Request.
2004-409 Moved by M Taylor
Seconded by P Ens
"THAT Staff Memo C2004-014 be received;
AND THAT Council hereby grants permission to the Bayham Culture Committee
to display the plaque received from the Ontario Trillium Foundation in the
municipal office front entry and to add a link between the Ontario Trillium
Foundation and the Municipality of Bayham websites as requested."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 172 - August 19, 2004
2. UNFINISHED BUSINESS
(a) Staff Report F2004-31 regarding Folding Machine. Amendment to Budget
File: F05
(b) Appointment of Consultant to be contracted regarding Organizational Review.
2004-410 Moved by P Ens
Seconded by M Taylor
"THAT Council accepts the proposal by HarVan Consulting to undertake an
Organizational Review as submitted;
AND THAT By-law 2004-077,being a by-law to authorize the Mayor and Clerk to execute
the Letter of Understanding with HarVan Consulting,be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) Water/Wastewater Quarterly Reports for the period ending June 30,2004.
File: E05
2004-411 Moved by M Schafer
Seconded by P Ens
"THAT the Water and Wastewater Quarterly Reports for the period ending June 30,2004
be received for information."
Disposition: Motion Carried Unanimously
(b) Staff Memorandum dated August 16,2004 regarding Application for Water Service-Pierce
File: L04
2004-412 Moved by M Schafer
Seconded by P Ens
"THAT Staff Memorandum dated August 16,2004 regarding Application for Water
Service be received;
AND THAT By-law 2004-075,being a by-law to authorize the Mayor and Clerk to execute a
Water Service agreement with Robert and Kimberly Pierce, be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 173 . August 19, 2004
2. UNFINISHED BUSINESS
(a) Township of Malahide correspondence dated June 24, 2004 regarding Biosolids.
File: Al 6/C10
2004-413 Moved by M Schafer
Seconded by P Ens
"THAT the Township of Malahide correspondence dated June 24,2004 be received;
AND THAT the Council of the Municipality of Bayham supports the resolution passed by
the Township of Malahide on June 17,2004 regarding Biosolids with the note to define
biosolids as non-farm generated waste by-products having a putrid and rancid odour and
excludes waste materials from local wastewater treatment plants."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
2004-414 Moved by P Ens
Seconded by C Evanitski
"THAT the Council do now rise to enter into an"In Camera"Session of Committee of the
Whole to discuss confidential personnel matters."
Disposition: Motion Carried Unanimously
2004-415 Moved by M Schafer
Seconded by P Ens
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
(a) Verbal Report regarding a confidential personnel matter.
12. BY-LAWS
By-law 2004—075 A By-law to Authorize Execution of Water Agreement with R&K
Pierce
By-law 2004—076 A By-law to Authorize Execution of Agreement with Aim PowerGen
By-law 2004—077 A By-law to Authorize Execution of a Letter of Understanding with a
Consultant for an Organisational Review
By-law 2004—074 A By-law to confirm all actions of Council
COUNCIL MINUTES - 174 - August 19, 2004
2004-416 Moved by M Taylor
Seconded by C Evanitski
"THAT By-laws 2004-075,2004-076 and 2004-077 be read a first,second and third time and
finally passed."
Disposition: Motion Carried
2004-417 Moved by M Schafer
Seconded by C Evanitski
"THAT confirming By-law 2004-074 be read a first,second and third time and finally
passed."
Disposition: Motion Carried
13. ADJOURNMENT
2004-418 Moved by C Evanitski
Seconded by M Schafer
"THAT the meeting be adjourned at 9:17 p.m."
Disposition: Motion Carried Unanimously
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CLERK
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