HomeMy WebLinkAboutDecember 02, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O.Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,December 2,2004
7:00 p.m.
7:30 p.m.Public Meeting(Zoning)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m.
Thursday,December 2,2004 in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor
Mathew Schafer, Councillors Mark Taylor, Paul Ens and CIiff Evanitski, Administrator Kyle Kruger and
Clerk Lynda Millard.
Fire Chief Sam Taylor,Treasurer Suzanna Mantel and Road Superintendent Bob Bartlett 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 None
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held November 18,2004
2004-600 Moved by M Schafer
Seconded by M Taylor
"THAT the minutes of the regular meeting of the Municipality of Bayham held
November 18, 2004 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:15 p.m.—Mary Taylor was in attendance and questioned procedure for responses to 9-1-1
calls. Item 8.1(b).
(b) 8:30 p.m.—Staff Sergeant Ryan Cox O.P.P. &Dave Rock PSB Chairman regarding a
confidential legal matter. (In Camera Session of Committee of the Whole)
COUNCIL MINUTES - 245 - December 2,2004
ADDITION OFAGENDA ITEMS
2004-601 Moved by M Schafer
Seconded by M Taylor
"THAT in accordance with Section 21 of Procedural By-Iaw 2002-93,correspondence dated
November 26th from Carol Judd on behalf of the Edison Museum Board and
correspondence received from the Township of South Algonquin regarding the Current
Value Assessment System,correspondence from CLT Canada regarding assessment option
be added to the agenda as item 9.1 (i),9.1 (j)and 9.1 (k)respectively."
Disposition: Motion Carried Unanimously
5. INFORMATION ITEMS
2004-602 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 Culture Committee draft minutes of meeting held October 27,2004 and consultants
report for September and October.
File: C06
(b) County of Elgin fax dated November 24th advising of Election of Warden on December 14th at
7:00 p.m.
File: A16
(c) Edison Museum of Vienna Board draft minutes of meeting held November 1,2004.
File: C06
(d) AMO Municipal Alert correspondence dated November 15,25 and 29 regarding"Canada,
Ontario and AMO Launch COMRIF Program","Province Announces Expansion of Services and
Some Details of the Best Start Plan"and"Bill 26,the Strong Communities(Planning
Amendment)Act Passes Third Reading".
File: A01
(e) Press Release dated November 15th from Steve Peters,MPP,Elgin-Middlesex-London regarding
"Canada and Ontario Making Major Investment in Municipal and Rural Infrastructure.
File: M06
(f) Ministry of Consumer&Business Services News Release dated November 18,2004 regarding
"McGuinty Government Offers Advice to Holiday-Season Travellers".
File: M07
(g) Ministry of Municipal Affairs&Housing correspondence dated November 19,2004 regarding
"Long Standing Service Recognition Program.
File: M02
COUNCIL MINUTES -246 - December 2, 2004
(h) Therese Casgrain Volunteer Award information
File: M02
(i) Detachment Commander's Report Elgin Group Police Services Board—September-October
2004.
File: M06
(j) Bayham Economic Development&Tourism Committee draft minutes of meeting held November
17,2004.
File: C06
6. PLANNING, DEVELOPMENT, RECREATION& TOURISM
I. CORRESPONDENCE&REPORTS
(a) Hydro One Networks Inc. fax correspondence dated November 25,2004 regarding shared use of
utility poles.
File: D
2004-603 Moved by M Schafer
Seconded by P Ens
"THAT the Hydro One Networks Inc.fax correspondence dated November 25,2004
regarding shared use of utility poles be received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report PR2004-014 regarding Rail Lands Fencing-Gregson.
File: D
2004-604 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report PR2004-014 regarding Rail Lands Fencing be received;
AND THAT Royal Fence be retained to install fencing as outlined in Report PR2004-014,
subject to confirmation from abutting property owners that clearing of the fence line will be
permitted from both sides of the property line."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2004-605 Moved by M Taylor
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
COUNCIL MINUTES - 247 - December 2, 2004
1.(a) Application:
7:30 p.m.—Application to change zoning on a parcel of land comprising 11.63 hectare
(28.74 acres)from the Agriculture(Al)Zone to Agriculture—Temporary 2(Al-T2)for property
situated in Part Lot 25,Concession 5,on the north side of Calton Line,west of Elgin County
Road 55 submitted by John Wizniak. File: D14
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Staff Report D2004-054 was presented by the Administrator. There were no concerns or
objections received.
4. Public Comments None
5. Council Comments and Questions None
6. Adjournment
2004-606 Moved by P Ens
Seconded M Taylor
"THAT the Public Meeting be adjourned at 7:40 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2004-607 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report D2004-054 be received;
AND THAT the zoning of those lands located at Concession 5 South Part Lot 25 owned by
John Wizniak be changed from Agriculture(Al)to Agricultural Temporary(A1-T2)Zone
to permit the extension of the use of a mobile home as a dwelling for supplementary
seasonal farm labour for a temporary period of three(3)years from the effective date of the
passing of the by-law;
AND THAT Zoning By-law Z495-2004 be presented for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report T2004-011 regarding Road Activities—November 2004 including Winter Control
Services Agreements.
File: T06/L04
COUNCIL MINUTES - 248 - December 2,2004
2004-608 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report T2004-011 regarding Public Works activities for the month of
November 2004 be received;
AND THAT By-laws 2004-102,2004-103,2004-105,2004-106 and 2004-107 authorizing the
Mayor and Clerk to execute contract agreements for winter control services with Ramona
Peidi,Ken Sproul's Lawn Maintenance,Laemers Trucking,Underhill Trucking and Ron
Genetello Property and Building Maintenance respectively,be presented to Council for
enactment;
AND THAT Council approve the purchase of a new hot water pressure washer at a cost of
$5,000.00."
Disposition: Motion Carried Unanimously
(b) Staff Memorandum dated November 29,2004 regarding Request to Close Road Allowance—Don
Manion.
File: T09
2004-609 Moved by P Ens
Seconded by M Taylor
"THAT Staff Memorandum dated November 29,2004 regarding Request to Close Road
Allowance—Don Manion be received;
AND THAT Council does not approve the request to stop up,close and convey the
property."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Staff Report P2004-028 regarding Fire Apparatus Purchase.
File: P16
2004-610 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report#P2004-028 regarding the purchase of a Fire Department Pumper
Truck be received;
AND THAT Council directs Staff to order the Rosenbauer Firestar Pumper from
ResQTech Systems Inc. for the sum of 209,000.00 Canadian dollars,as per their proposal
dated November 2,2004."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -249 - December 2,2004
(b) Correspondence dated November 26,2004 from Mary Taylor regarding 911 calls.
File: C13
2004-611 Moved by P Ens
Seconded by M Schafer
"THAT the correspondence dated November 26,2004 from Mary Taylor regarding 911
calls be received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report P2004-030 regarding 2005 Canine Control Services Contract.
File: P14
2004-612 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report#P2004-030 regarding Canine Control services be received;
AND THAT Council accept the proposal submitted by Rodger Martin for Canine
Control/Pound Keeper Services;
AND THAT By-law#2004-101,being a by-law to authorize the Mayor and Clerk to execute
the Contract Agreement with Rodger Martin,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Staff Report P2004-031 regarding Dog Control&Dog Licensing/Tags
File: P00
2004-613 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report#P2004-031 regarding Dog Control By-law#2001-94 and Dog Tag/
Licence Fees be received;
AND THAT Council take no action at this time."
Disposition: Motion Carried Unanimously
(e) Staff Report PR2004-015 regarding Clearview Drive Acquisition and Construction.
File: D14
COUNCIL MINUTES - 250- December 2,2004
2004-614 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report PR2004-015 be received;
AND THAT By-Law No. 2004-104, being a by-law to authorize the Mayor and Clerk to
execute an agreement with Brian Richard Graydon and 710955 Ontario Limited for the
acquisition of land for road purposes,be presented to Council for enactment;
AND THAT Staff be directed to obtain additional quotations for road construction in the
Clearview Industrial Park,in Parts 2 and 3 on Plan 11R-8151."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report regarding Noise By-law 2001-057. Councillor Taylor requested a recorded vote on
this item.
File: P00
2004-615 Moved by C Evanitski
Seconded by P Ens
"THAT the noise policy be amended to require mail-out to surrounding neighbors to all
properties within 1000 feet."
Recorded Vote In favour Opposed
Mayor Acre
Councillor Ens
Councillor Evanitski
Deputy Mayor Schafer
Councillor Taylor
Disposition: Motion Carried on a Recorded Vote 4 to 1
2004-616 Moved by P Ens
Seconded by C Evanitski
"THAT the Noise Policy be amended to require that the monitoring fee be set at$40.00 per
hour at a maximum of 4 hours per day."
Recorded Vote In favour Opposed
Mayor Acre
Councillor Ens
Councillor Evanitski
Deputy Mayor Schafer
Councillor Taylor
Disposition: Motion Carried on a Recorded Vote 4 to 1
COUNCIL MINUTES - 251 - December 2,2004
2004-617 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report P2004-029 regarding Noise By-Iaw Exemptions be received;
AND THAT Council adopt the Noise Policy attached to Report No.P2004-029,as
amended."
Recorded Vote In favour Opposed
Mayor Acre
Councillor Ens
Councillor Evanitski
Deputy Mayor Schafer
Councillor Taylor
Disposition: Motion Carried on a Recorded Vote 4 to 1
9. FINANCE,ADMINISTRATION& PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#9169 to Cheque#9243 inclusive, except cheque#s 9227, 9231
and 9234,totaling$ 130,002.71,Cash Requirements for the period ending December 23/04 and
Payroll Disbursements for the period ending November 24,2004 totaling$37,911.35.
2004-618 Moved by M Taylor
Seconded by C Evanitski
"THAT the Cheque Register being Cheque#9169 to Cheque#9243 inclusive,except
cheques#9227,9231 and 9234 totaling$ 130,002.71,Cash Requirements for the period
ending December 23rd and Payroll Disbursements for the period ending November 24,2004
totaling$37,911.35 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2004-43 regarding Banking Services.
File: F04
2004-619 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report 2004-43 regarding banking services be received;
AND THAT By-Law 2004-098,being a by-law to authorize the Mayor and Clerk to execute
an agreement with the Royal Bank of Canada for banking services,be presented to Council
for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -252 - December 2, 2004
RESOLUTION REGARDING
BANKING AND SECURITY
The Corporation of the Municipality of Bayham(the"Company")
Head Office: PO Box 160 9344 Plank Road
Straffordville ON NOJ 1Y0
Incorporating Statute: Minister of Municipal Affairs&Housing Orders dated May 15, 1997 and
November 27, 1997,effective January 1, 1998.
2004-620 Moved by C Evanitsld
Seconded by P Ens
Resolved:
1. That ROYAL BANK OF CANADA(the`Bank")is appointed banker for the Company.
2. That ANY ONE OF MAYOR AND DEPUTY MAYOR WITH ANY ONE OF
TREASURER AND ADMINISTRATOR is(are)authorized on behalf of the company from
time to time:
(a) to withdraw or order transfers of funds from the Company's accounts by any
means including the making,drawing,accepting, endorsing or signing of
cheques,promissory notes,bills of exchange, other orders for the payment of
money or other instruments or the giving of other instructions;
(b) to borrow money and obtain other credit from the Bank in such amounts and on
such terms as may be deemed appropriate,whether by loan, advance,overdraft or
by any other means;
(c) to mortgage,hypothecate, charge,pledge,convey, assign,transfer or create a
security interest in any or all of the property,real and personal, immovable and
moveable,undertaking and rights of the Company,present and future,to secure
the payment and performance of any or all of the present and future liabilities and
obligations of the Company to the Bank;
(d) to sign any agreements or other documents or instruments with or in favour of the
Bank, including the Bank's general financial services agreement and contracts
relating to products or services provided by the Bank to the Company;
(e) to do,or to authorize any person or persons to do,any one or more of the
following:
(i) to receive from the Bank any cash or any securities, instruments or
other property of the Company held by the Bank,whether for
safekeeping or as security,or to give instructions to the Bank for the
delivery or other transfer of any such cash, securities,instruments or
other property to any person named in those instructions;
COUNCIL MINUTES -253 - December 2,2004
(ii) to deposit with or negotiate or transfer to the Bank, for the credit of the
Company, cash or any security, instrument or other property, and for
those purposes to endorse(by rubber stamp or otherwise)the name of
the Company, or any other name under which the Company carries on
business,on any security or instrument;
(iii) to instruct the Bank,by any means,to debit the accounts of third
parties for deposit to the credit of the Company;
(iv) to receive statements,instruments and other items(including paid
cheques)and documents relating to the Company's accounts with or
any service of the Bank(including any revisions to the Bank's rules
and manuals of operation,)and to settle and certify the Company's
accounts with the Bank;
(v) to receive from the Bank any software and any security devices,
including security cards,codes, and passwords,relating to electronic
banking services or electronic communications between the Company
and the Bank,and to determine and set the levels and limits of
authority applicable to individual security devices; and
(f) generally to exercise all rights,powers and authorities which the board of
directors of the Company may exercise under the authority of the Company's
charter and by-laws and the laws governing the Company.
3. That the provisions contained in the Bank's general financial services agreement including,
without limitation,the provisions concerning the binding effect of electronic communications
received by the Bank from or in the name of the Company,are expressly approved.
4. That all instruments,instructions, agreements and documents made,drawn, accepted,
endorsed or signed(under the corporate seal or otherwise)as provided in this resolution and
delivered to the Bank by any person, shall be valid and binding on the Company,and the
Bank is hereby authorized to act on them and give effect to them.
5. That the Bank be furnished with:
(a) a copy of this Resolution; and
(b) a list of the names of the persons authorized by this Resolution to act on behalf of
the Company, and with written notice of any changes which may take place in
such list from time to time, and with specimens of the signatures of all such
persons, each certified by the Clerk of the Company; and
(c) in writing, any authorization made under paragraph 2(e)of this Resolution.
6. That any document furnished to the Bank as provided for in paragraph 5 of this Resolution
shall be binding upon the Company until a new document or replacing the previous one has
been received and duly acknowledged in writing by the branch or agency of the Bank where
the Company has its account.
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -254- December 2,2004
(c) Staff Report F2004-44 regarding Banking Services-VISA.
File: F04
2004-621 Moved by M Taylor
Seconded by C Evanitksi
"THAT Staff Report 2004-44 regarding banking services-Visa be received;
AND THAT By-Law 2004-099,being a by-law to authorize the execution of an agreement
between the Municipality of Bayham and Royal Bank of Canada for Visa Business Cards,
be presented to council for enactment."
Disposition: Motion Carried Unanimously
(d) Staff Report F2004-45 regarding Banking Services—Digital.
File: F04
2004-622 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report 2004-45 regarding banking services-digital be received;
THAT By-Law 2004-100,being a by-law to authorize the execution of an agreement
between the Municipality of Bayham and Royal Bank of Canada for Digital Certificates,be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Staff Report F2004-46 regarding Term Loan.
File: F04
2004-623 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report 2004-46 regarding the term loan be received;
THAT the Treasurer be directed to transfer the term loan to Royal Bank of Canada
and have the Mayor and Clerk sign the necessary documentation,subject to the CIBC
declining to match the interest rate with no penalty."
Disposition: Motion Carried Unanimously
(f) Staff Report F2004-47 regarding Debit Card Machine.
File: F04
COUNCIL MINUTES -255 - December 2, 2004
2004-624 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report 2004-47 regarding debit cards be received;
AND THAT debit cards be offered as a means of payment to the ratepayers of the
Municipality of Bayham;
AND THAT staff be directed to prepare a by-law and agreement for council's consideration
at the next regular council meeting."
Disposition: Motion Carried Unanimously
(g) Staff Report F2004-48 regarding Payroll Services.
File: F04
2004-625 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report 2004-48 regarding payroll services be received;
AND THAT staff be directed to prepare a by-Iaw and agreement with ADP for council's
consideration at the next regular council meeting and to commence the transfer of
information to ADP."
Disposition: Motion Carried Unanimously
(h) Staff Report F2004-49 regarding Canada-Ontario Municipal Rural Infrastructure Fund
(COMRIF).
File: Fi l
2004-626 Moved by C Evanitsld
Seconded by P Ens
"THAT Staff Report F2004-49 regarding the Canada-Ontario Municipal Rural
Infrastructure Fund be received;
AND THAT Staff be directed to prepare the necessary documentation for application under
Intake One of the COMM'program to implement treatment systems for Municipal
facilities served by Municipal Wells."
Disposition: Motion Carried Unanimously
Added Items
(i) Correspondence dated November 26th from Carol Judd on behalf of the Edison Museum
Board regarding purchase of a laptop computer. (Deferred)
COUNCIL MINUTES - 256 • December 2,2004
(j) Correspondence and Resolution from Township of South Algonquin regarding Current Value
Assessment.
File: C10
2004-627 Moved by M Taylor
Seconded by M Schafer
"THAT the Council of the Municipality of Bayham support the resolution of the Township
of South Algonquin passed October 7,2004 regarding the Current Value Assessment
System."
Disposition: Motion Carried
(k) Correspondence to Premier McGuinty dated February 14,2004 from CLT Canada regarding
alternative property assessment services.
2004-628 Moved by M Schafer
Seconded by M Taylor
"THAT the correspondence to Premier McGuinty dated February 14,2004 from CLT
Canada regarding alternative property assessment services be received;
AND THAT the Council of the Municipality of Bayham supports the option of a
competition process for property assessment services."
Disposition: Motion Carried
10. ENVIRONMENT
None
MOTION TO EXTEND LENGTH OF MEETING
2004-629 Moved by M Taylor
Seconded by P Ens
"THAT in accordance with'Section 12 of Procedural By-law 2002-93,Council shall deal
with business until 11:30 p.m. at its meeting of December 2,2004."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 257 - December 2,2004
11. COMMITTEE OF THE WHOLE
L CORRESPONDENCE&REPORTS
2004-630 Moved by P Ens
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
2004-631 Moved by C Evanitski
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 legal matter.
(b) Verbal report regarding a confidential personnel matter
2004-632 Moved by M Taylor
Seconded by M Schafer
"THAT Council approves the payment of benefits,as discussed,in the Committee of the
Whole"In Camera"session."
Disposition: Motion Carried Unanimously
(c) Verbal Report regarding a confidential personnel matter.
12. BY-LAWS
By-law Z495 -2004 A By-law to Further Amend Zoning B/L Z456-2003 (Wizniak)
By-law 2004—098 A By-law to Authorize the Mayor&Clerk to Execute an Agreement
with the Royal Bank for Banking Services
By-law 2004—099 A By-law to Authorize the Mayor&Clerk to Execute an Agreement
with the Royal Bank for VISA Business Cards
By-law 2004— 100 A By-law to Authorize the Mayor&Clerk to Execute an Agreement
with the Royal Bank for Digital Certificates
By-law 2004—101 A By-law to Authorize the Mayor&Clerk to Execute a Contract
Agreement with Rodger Martin for Canine Control/Pound Keeper
Services
By-law 2004—102 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Winter Control Services(Peidl)
COUNCIL MINUTES -258 - December 2, 2004
By-law 2004— 103 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Winter Control Services(Sproul)
By-law 2004—104 A By-law to Authorize the Acquisition of Lands From Brian Richard
Graydon and 710955 Ontario Limited
By-law 2004— 105 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Winter Control Services(Laemers Trucking)
By-law 2004—106 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Winter Control Services(Underhill Trucking)
By-law 2004— 107 A By-law to Authorize the Mayor&Clerk to Execute an Agreement for
Winter Control Services(Genetello)
By-law 2004—108 A By-law to confirm all actions of Council
2004-633 Moved by P Ens
Seconded by M Taylor
"THAT By-laws Z495-2004,2004-098,2004-099,2004-100,2004-101,2004-102,2004-103,
2004-104,2004-105,2004-106 and 2004-107 be read a first, second and third time and
fmally passed."
Disposition: Motion Carried Unanimously
2004-634 Moved by P Ens
Seconded by M Taylor
"THAT confirming By-law 2004-108 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-635 Moved by P Ens
Seconded by M Taylor
"THAT the meeting be adjourned at 11:30 p.m."
Disposition: Motion Carried Unanimously
1 a A Al
O ` _ CLERK
Date Approved: /0.6c, /6,/act