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Home My WebLink AboutSeptember 02, 2004 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM P.O.Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday,September 2,2004 7:00 p.m. (Public Meeting 7:30 &7:45 p.m.-Rezoning) The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on Thursday, September 2,2004 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 was in attendance to present her reports. Geoff Burn and Bill Chisolm,Associated Engineering were in attendance to respond to any questions from Council regarding Item 9.1(b). 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 None 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held August 19,2004 2004-419 Moved by P Ens Seconded by M Taylor "THAT the minutes of the regular meeting of the Municipality of Bayham held August 19,2004 be approved." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS 2004-420 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) Bayharn Culture Committee draft minutes of meeting held August 17,2004. File: C06 COUNCIL MINUTES - 176 - September 2, 2004 (b) Edison Museum of Vienna draft minutes of meeting held July 20, 2004. File: C06 (c) Communities in Bloom correspondence dated August 16,2004 regarding winter program. File: A01 (d) Association of Municipalities of Ontario correspondence dated August 18 and 23,2004 regarding "Health Privacy Legislation Comes into Force November 1 a","McGuinty Government and AMO Sign Landmark Co-operation Agreement". File: M06/A01 (e) Port Burwell Marine Museum draft minutes of meeting held August 3, 2004. File: C06 (1) Ministry of Labour News Release dated August 18, 2004 regarding"McGuinty Government Promotes Fairness and Choice for Employees 65 and Over". File: M06 (g) Parks and Recreation Ontario correspondence dated August 20,2004 regarding"Try Something New"materials. File: A01 (h) Alzheimer Advocate Summer 2004 issue File: M07 (i) Minister of Citizenship and Immigration correspondence dated August 13,2004 regarding Citizenship Week October 18—24. File: A16 (j) Ontario Municipal Board correspondence dated August 23, 2004 regarding 2001-220 and 2002-2003 Annual Reports. File: A16 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Eden&Area Community Centre correspondence dated August 19,2004 regarding the Eden Park area. File: C13 2004-421 Moved by M Schafer Seconded by P Ens "THAT the Eden&Area Community Centre correspondence dated August 19,2004 regarding the Eden Park area be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 177 - September 2,2004 (b) Copies of invitations dated August 26, 2004 from Bev Hickey to Steve Peters, MPP and Joe Preston,MP to meet in Port Bin-well to discuss potential solutions to the harbour silting. File: C13 2004-422 Moved by M Taylor Seconded by P Ens "THAT Council accept the invitation dated August 26,2004 from Bev Hickey to meet in Port Burwell to discuss potential solutions to the harbour silting at a date convenient to the local M.P. and M.P.P." Disposition: Motion Carried Unanimously 2. PUBLIC MEETINGS 2004-423 Moved by P Ens Seconded by M Taylor "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: 7:25 p.m.—Application to change zoning on a 1.1 hectare(2.7 acre)parcel of land located in Part Lot 16, Concession 4,on the east side of Plank Road,north of Light Line, in the Village of Vienna from Village Residential(R1)to the site specific Village Residential(R1-4)Zone submitted by Rueben and Sara Penner. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2004-029 was presented by the Planning Co-ordinator. She advised that no comments had been received. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2004-424 Moved by P Ens Seconded by M Taylor "THAT the Public Meeting be adjourned at 7:30 p.m." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 178 - September 2,2004 7. Disposition of Item 2004-425 Moved by C Evanitski Seconded by M Schafer "THAT Staff Report D2004-029 be received; AND THAT the zoning of those lands located at 55603 Light Line in Concession 4 Part Lot 16 be changed from Village Residential(R1)to Site-Specific Village Residential(R1-4) Zone; AND THAT Zoning By-law No.Z479-2004 be presented for enactment." Disposition: Motion Carried Unanimously 2004-426 Moved by M Taylor Seconded by P Ens "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.(b) Application: 7:45 p.m.—Application to change zoning on a 2.1 hectare(5.2 acre)parcel of land located in North Part Lot 22, Concession 9, on the south side of Carson Line,west of Plank Road from the Rural Residential (RR)to the Rural Residential—Temporary 4(RR-T4)Zone submitted by Ruth Yallop. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2004-030 was presented by the Planning Co-ordinator. She advised that no comments had been received. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2004-427 Moved by P Ens Seconded by M Taylor "THAT the Public Meeting be adjourned at 7:55 p.m." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 179 - September 2,2004 7. Disposition of Item 2004-428 Moved by M Schafer Seconded by P Ens "THAT Staff Report D2004-030 be received; AND THAT the zoning of those lands located at 57749 Carson Line in Concession 9 North Part Lot 22 be changed from Rural Residential(RR)to Rural Residential Temporary(RR- T4)Zone; AND THAT Zoning By-law No. Z480-2004 be presented for enactment." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE CORRESPONDENCE&REPORTS (a) Correspondence dated August 12,2004 from Spriet Associates regarding Class EA—Notice of Completion. File: T05 2004-429 Moved by C Evanitski Seconded by M Schafer "THAT the correspondence dated August 12,2004 from Spriet Associates regarding Class EA—Notice of Completion, County Road 42 (Lakeshore Line)Relocation Project, Class Environmental Assessment,County of Elgin be received for information." Disposition: Motion Carried Unanimously (b) Staff Report PW2004-009 regarding an agreement with Greentree Gas and Oil—Brine Agreement. File: L04 2004-430 Moved by C Evanitski Seconded by M Schafer "THAT Staff Report PW2004-009 be received; AND THAT By-law No. 2004-079, being a by-law to authorize the Mayor and Clerk to execute an agreement with Greentree Gas and Oil Ltd. for the acquisition of brine, be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 180 - September 2,2004 8. PROPERTY, BUILDING& PROTECTIVE SERVICES I. CORRESPONDENCE&REPORTS (a) Correspondence dated August 18,2004 from Kelly, Tammy and Ashley White regarding an animal control matter. File: P01 2004-431 Moved by P Ens Seconded by M Taylor "THAT the correspondence dated August 18,2004 from Kelly,Tammy and Ashley White regarding an animal control matter be received/for information." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque#8696 to Cheque#8764 inclusive,except cheques#8701, 8709 and 8721,totaling$99,980.67, Cash Requirements for the period ending September 20 and Payroll Disbursements for the period ending August 18,2004 totaling$41,430.08 2004-432 Moved by M Taylor Seconded by C Evanitski "THAT the Cheque Register being Cheque#8696 to Cheque#8764 inclusive,except cheques#8701,8709 and 8721,totaling$99,980.67, Cash Requirements for the period ending September 20th and Payroll Disbursements for the period ending August 18,2004 totaling$41,430.08 be approved." Disposition: Motion Carried Unanimously (b) Correspondence dated August 20,2004 from Associated Engineering regarding fees. File: F 2004-433 Moved by M Schafer Seconded by C Evanitski "THAT the correspondence dated August 20,2004 from Associated Engineering regarding fees be referred to the Committee of the Whole In Camera Session for discussion as a confidential potential legal matter." Disposition: Motion Carried Unanimously (c) Draft By-law 2004-078 authorizing execution of an agreement with F.J.Galloway Associates Inc. to develop a Bayham Cultural Plan. COUNCIL MINUTES - 181 - September 2, 2004 2004-434 Moved by M Schafer Seconded by M Taylor "THAT By-law 2004-078,being a by-law to authorize the Mayor and Clerk to execute an agreement with F.J.Galloway Associates Inc.for the development of a Bayham Cultural Plan,be presented to Council for enactment." Disposition: Motion Carried Unanimously (d) Bayham Community Centres Committee draft minutes of meeting held August 26,2004. File: C06 2004-435 Moved by M Schafer Seconded by C Evanitski "THAT the Bayham Community Centres Committee draft minutes of the meeting held August 26,2004 be received; AND THAT Council consider the recommendation,that failure to pay cleaning fees or canceling events without a minimum of thirty days notice to the Community Centres Manager may disqualify the subject organization from municipal assistance,during the annual budget deliberations." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report F2004-31 regarding Folding Machine. Amendment to Budget File: F05 2004-436 Moved by M Schafer Seconded by C Evanitski "THAT Staff Report F2004-31 regarding the purchase of an Office Right Mailer from Pitney Bowes be received; AND THAT the purchase be deferred to the 2005 budget considerations." Disposition: Motion Carried Unanimoulsy 10. ENVIRONMENT No Items COUNCIL MINUTES. - 182 - September 2,2004 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS 2004-437 Moved by C Evanitski Seconded by M Taylor "THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole to discuss confidential personnel and legal matters." Disposition: Motion Carried Unanimously 2004-438 Moved by M Taylor Seconded by M Schafer "THAT the Committee of the Whole do now rise from the"In Camera"Session." Disposition: Motion Carried Unanimously (a) Confidential Staff Report 112004-001 regarding a personnel matter. File: H 2004-439 Moved by M Taylor Seconded by C Evanitski "THAT Staff be authorized to offer the position of Water/Wastewater Operator-in- Training to Mr. Adam Swance, with remuneration and benefits as provided in the CUPE collective agreement" Disposition: Motion Carried Unanimously (b) Confidential Memorandum dated September 2,2004 regarding a personnel matter. File: H 2004-440 Moved by M Schafer Seconded by P Ens "THAT the Memorandum of Agreement attached to By-law 2004-069 be amended as follows: • Section 8.Term ..terminates on September 16.2004." Disposition: Motion Carried Unanimously (c) Confidential correspondence dated August 27, 2004 regarding a legal matter. COUNCIL MINUTES - 183 September 2, 2004 12. BY-LAWS By-law Z479—2004 A By-law to Amend B/L Z456-2003 (Penner) By-law Z480—2004 A By-law to Amend B/L Z456-2003 (Yallop) By-law 2004—078 A By-law to Authorize Execution of an Agreement with F.J. Galloway Associates Inc. (Cultural Flan) By-law 2004—079 A By-law to Authorize the Execution of an Agreement with Greentree By-law 2004—080 A By-law to confirm all actions of Council 2004-441 Moved by M Taylor Seconded by C Evanitski "THAT By-laws Z479-2004,Z480-2004,2004-078 and 2004-079 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 2004-442 Moved by M Schafer Seconded by C Evanitski "THAT confirming By-law 2004-080 be read a first,second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2004-443 Moved by P Ens Seconded by C Evanitski "THAT the meeting be adjourned at 9:00 p.m." Disposition: Motion Carried Unanimously 7ren, il.C.�nK Y r ' CLARK Date Approved ,. /1,71/z)