HomeMy WebLinkAboutApril 15, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O.Box 160, 9344 PIank Road
STRAFFORDVILLE, ONTARIO
Thursday,April 15,2004 at 7:00 p.m.
(6:45 p.m.-Presentation to Max Stewart by BCHAC)
The regular meeting of the Council of the Municipality of Bayham was held beginning at 7:00 p.m. on
Thursday,April 15,2004 in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor Mathew
Schafer, Councillors Mark Taylor,Paul Ens and Cliff Evanitski,Administrator Kyle Kruger, Clerk Lynda
Millard,Planning Co-ordinator Margaret Underhill and Treasurer Suzanna Mantel.
1. CALL TO ORDER-Mayor Lynn Acre called the meeting to order at 6:45 p.m.
Presentation to Max Stewart
Bayham Community Health Action Committee Chairman Wayne Casier thanked former Mayor
Max Stewart for his support of the Committee in its efforts to improve local health care and the
recruitment of health care professionals to Bayham over the past six years. He added that funding
for a Nurse Practitioner has been approved by the Ministry of Health and that an application has
been submitted to fund a Health Care Centre in Bayham. Chairman Casier then presented Mr.
Stewart with a certificate of appreciation.
Mr. Stewart thanked the committee for acknowledging his support and also for their commitment
and efforts to address the health care needs of the Bayham community.
The meeting was adjourned briefly for refreshments and reconvened at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL
NATURE THEREOF -None
3. APPROVAL OF MINUTES
Minutes of the Budget Meeting of Council held March 29, 2004
Minutes of the Regular Meeting of Council held April 1, 2004
Minutes of the Budget Meeting of Council held April 5, 2004
2004-184 Moved by M Schafer
Seconded by P Ens
"THAT the minutes of the budget meeting of the Municipality of Bayham held
March 29,2004 be approved."
Disposition: Motion Carried Unanimously
2004-185 Moved by P.Ens
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
April 1,2004 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 83 - April 15, 2004
2004-186 Moved by M Schafer
Seconded by P Ens
"THAT the minutes of the budget meeting of the Municipality of Bayham held
April 5,2004 be approved."
Disposition: Motion Carried Unanimously
ADDITION OFAGENDA ITEMS
2004-187 Moved by M Taylor
Seconded by C Evanitski
"THAT in accordance with Section 21 of Procedural By-law 2002-93, Council approves the
addition to the Agenda of Staff Report PR2004-007 regarding Food Booth-Municipal Beach
as Item 8.1(c) and Staff Memo C2004-008 regarding Job Creation Partnerships application
as Item 9.1(e)."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:15 p.m.—Cindy Franklin,Chairman,Edison Museum of Vienna Board thanked Council for
the opportunity to provide an update to the status of plans for a new museum facility. She
outlined the process and work undertaken by the Board to bring the plans to their current form.
The Chairman,when she picked up the facility display from the current museum building noticed
mould along the bottom along the glass. This re-emphasized the need for a climate-controlled
facility to protect the existing artifacts. Mrs.Franklin thanked Lew Acre for working with the
Board in the preparing the plans being presented on their behalf.
Lew Acre then proceeded to present the draft plans indicating a two building concept with one
being a replica of the one and one-half storey original Edison Homestead to house the Edison
collection(moved from Vienna to Greenfield Village in Dearborn Michigan by Henry Ford in
1933),the other a modern open concept building to house and display artifacts relevant to Vienna
and other areas of Bayham. He added that the upper level of the Homestead would not be
accessible to the public but could be used for storage. The second building would include
reception/office,washroom, display and exhibit areas on the main floor and an archive area,
storage space and a conference room(available for public use) in the lower level. There would be
4762 square feet on the main level, 3200 on the lower.
He noted the ample parking space for bus tours, site development to include picnic areas and
walldng trails provide potential for attraction of visitors to discover our rich local history.
C Evanitski questioned the cost and if it included environmental controls.
Mr.Acre responded that the estimated cost of 1.3 to 1.5 million dollars would include triple
glazed windows and fluorescent lighting would be eliminated.
(Item 6.1(b))
COUNCIL MINUTES - 84 - April 15, 2004
(b) 7:45 p.m.—Elena Carmichael, Client Service Representative, OCWA regarding Water and
Wastewater Systems Operation&Maintenance did not attend.
5. INFORMATION ITEMS
2004-188 Moved by P Ens
Seconded by C Evanitski
"THAT Information Items 5(a)through 5(j)be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Community Health Action Committee minutes of meeting held February 16,2004.
File: C06
(b) Association of Municipalities of Ontario"Alert"correspondence dated March 29 and April 5,
2004 regarding"Premier McGuinty puts vision of strong communities in writing", "Rent Bank
Program/Energy Emergency Fund Announced""AMO Responds to Environment Minister's
Announcement on Review of Environmental Assessment Process and Waste Diversion Strategy".
File: A01
(c) Open Letter from Premier McGuinty dated March 29, 2004.
File: A16
(d) Backgrounder and News Release dated March 29, 2004 regarding"McGuinty Government
Assisting Low-Income Families with Energy Emergencies"and"McGuinty Government Delivers
Real,Positive Change Through Provincial Rent Bank Program".
File: A16
(e) Correspondence dated March 2004 from Gar Knutson,M.P. regarding the Federal Budget 2004.
(Budget in Brief booklet available)
File: A16
(f) Bloomers News,Communities in Bloom Newsletter Spring 2004 edition.
File: M07
(g) Environment Canada correspondence dated March 2004 regarding Cooperating to Implement the
Great Lakes Water Quality Agreement.
File: A16
(h) Canada Post Literacy Awards correspondence received April 2, 2004 requesting nominations.
File: A01
(i) Copy of MPAC correspondence dated March 29, 2004 to Leah Casselman,President OPSEU.
File: A01
(j) MPAC Annual Report and Financial Statements for 2003 Hihlights (Full reports available).
File: A01
COUNCIL MINUTES - 85 - April 15, 2004
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
CORRESPONDENCE&REPORTS
(a) Staff Report PR2004-006 regarding East Beach Lease-Sea-Doos.
File: L04
2004-189 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report PR2004-006 be received;
AND THAT By-law No. 2004-042, being a by-law to authorize the execution of a lease
agreement with Martin Bajuk for the provision of Seadoo rentals at the east beach in Port
Burwell for 2004,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) Edison Museum Feasibility Study as prepared by the Board.
File: A01
2004190 Moved by M Taylor
Seconded by P Ens
"THAT the Feasibility Study prepared by the Edison Museum Board and oral presentation
be received for information."
Disposition: Motion Carried Unanimously
(c) Correspondence dated April from Brian Hamilton,owner, Country Camping Inc.,requesting
exemption from the Noise By-law.
File: P01
Brian Hamilton,requested an exemption from the by-law for Friday, Saturday and Sunday nights
until 1:00 a.m. during the four summer long-weekends. He noted that it takes a minimum of ten
minutes to shut down and requested that he not be issued any fines during this period.
Due to the number of attendees concerning the noise by-law exemption request,Mayor Acre
offered the opportunity for those present to voice their comments and concerns,requesting that
each maintain a three-minute time limit in their presentation.
Those responding to the opportunity included Christine Churchill, Carole Engelhardt,Bonnie
Abel,Gail Engelhardt, Cathy Steele,Amber Steele,Dwayne Shackleton,Ron McQuiggan,
Jo-anne Oostrum,Brandy Roberts,Kathryn DeFauw,Kim Walker,Bob Cema and Cindy
Hordyk.
Those in opposition to the exemption raised not only noise concerns but referred to excessive
drinking and/or drug use and availability,profanity, exposure,traffic safety,trespassing,
littering, vandalism and their own safety. Some felt like hostages in their own homes.
COUNCIL MINUTES -86 - April 15, 2004
Those in support of the exemption suggested that the Country Camping provides a place for
young people to go, drink and have a good time.
Country Camping staff added that profanity is discouraged, litter is picked up along the nearby
roads after each week-end,that visitors are requested to turn music down, safety clothing is worn
and suggested that no major problems have been encountered.
C Evanitski suggested that Mr.Hamilton has a tough audience to deal with,has made efforts to
comply,that letters of support came from those living outside the community and that local
residents have rights too. He added that no similar complaints have been received regarding the
Provincial Park and suggested that with outstanding legal issues before the courts,this is not the
time to grant an exemption.
M Taylor stated that he supports the exemption,noting that Mr.Hamilton has tried to comply by
shutting down by 11:00 a.m. as opposed to 2:00 a.m. He raised concerns of the financial impact
on the community and suggested a one weekend trial.
P Ens agreed he would support a one weekend trial in May and consider additional exemptions
iflas appropriate.
Deputy Mayor Schafer suggested that the concerns raised—profanity,wandering, excessive
alcohol and drug use go beyond the noise issue. He added that city bars are in business districts
not in residential neighbourhoods,any business can request an exemption and it would not be
setting a precedent. He suggested additional security and discouragement of drug trafficking be
put in place. He suggested that Mr.Hamilton invite law students to camp and report back to him.
He said he was willing to support the exemption for one weekend and if successful to proceed
with each weekend.
Councillor Evanitski requested a recorded vote on the following resolution:
2004-191 Moved by M Taylor
Seconded P Ens
"THAT the Council of the Municipality of Bayham approves the exemption from the
Bayham Noise By-law 2001-57, as amended,to allow musical entertainment after 11:00
p.m.,at Country Camping Inc.,6679 Woodworth Road,for the period May 21 to May 24,
2004;
AND THAT the exemption permits musical entertainment to continue at this site on the
above date until 1:00 a.m."
In Support of In opposition to
Acre Evanitski
Ens
Schafer
Taylor
Disposition: Motion Carried by a vote of four to one
COUNCIL MINUTES - 87 - April 15,2004
2. UNFINISHED BUSINESS
(a) Staff Report D2004-013 regarding Bogart Severance applications E22/04,E23/04, E24/04&
E25/04.
File: D10
2004-192 Moved by C Evanitski
Seconded by P Ens
"THAT Council recommend to the Elgin County Land Division Committee that severance
applications E22/04,E23/04,E24104 and E25/04 be approved subject to:
1. the extension of drainage tiling along Best Line, specifically the installation of 8"
drainage tile along the frontage and one catch basin for each lot created;
2. $500 cash-in-lieu for each of four created lots payable to the municipality;
3. submission of a grading plan satisfactory to the municipal drainage
superintendent."
Disposition: Motion Carried Unanimously
(b) Staff Memo regarding appeals to the Wind Farm rezoning by-laws.
File: D14
2004-193 Moved by M Taylor
Seconded by C Evanitski
"RESOLVED THAT the Council of the Municipality of Bayham receive the appeals of
Zoning By-laws Z460-2003,Z470-2004,Z471-2004,Z472-2004 and Z473-2004 submitted by
Tony Csinos and McDonald& Hayden,Solicitors for Echo Energy Inc.;
AND THAT each by-law is in conformity with the Municipality of Bayham Official Plan, as
amended by Amendment No.4,adopted by By-law No.2003-074,modified and approved by
the Ministry of Municipal Affairs and Housing;
AND THAT,seeing no reason to change the position of Council,Council directs staff to
defend the appeal at the Ontario Municipal Board,including the hiring of necessary legal
and planning consultants that may be required."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report T2004-004 regarding Bayham Drive Construction Tenders
File: F18/L04
COUNCIL MINUTES - 88- April 15, 2004
2004-194 Moved by C Evanitski
Seconded by M Taylor
"THAT the lowest tender submitted by Cayuga Materials and Construction dated April 7`s,
2004,for the Bayham Drive construction project,in the amount of$266,317.44 inclusive of
taxes,be accepted,with the exclusion of provisional items 1.01 (clear and grub trees) and
1.30 (dust control);
AND THAT By-law 2004-043,being a by-law to authorize the Mayor and Clerk to execute
the contract agreement between the Municipality of Bayham,the Town of Tillsonburg and
Cayuga Materials and Construction,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
CORRESPONDENCE&REPORTS
(a) Staff Report PR2004-005 regarding Rail Lands Leases—Wiebe, Stewart,Burwell.
File: L04
2004-195 Moved by M Taylor
Seconded by M Schafer
"THAT Council declare the former C.P.Rail lands,described as Concession 1 to 9,parts 1
to 5, 11R6476 and Part 1 11R6477, as surplus to the needs of the Municipality;
THAT Council authorize lease agreements with Peter and Melanie Wiebe, Brent and Gail
Stewart,and Joseph and Betty Anne Burwell,for portions of the former CP Rail Lands;
AND THAT By-law No. 2004-035, By-law No. 2004-036, and By-law No. 2004-037 be
presented to Council for enactment; and
THAT Staff be directed to proceed with necessary public notices."
Disposition: Motion Carried
(b) Staff Report P2004-012 regarding Parking By-law Enforcement Issues.
File: T02
2004-196 Moved by M Taylor
Seconded by M Schafer
"THAT a by-law to amend By-law No. 2001-111 to include Addison Street west side, from
Libbeye Ave. to Homer Street, and to delete Addison Street east side from Schedule "B"
restricted parking, be prepared for presentation to Council;
THAT staff be directed to place the appropriate signage at areas designated in Schedule
"B"of By-law No.2001-111 (as amended),and direct enforcement by the EIgin OPP;
COUNCIL MINUTES - 89 April 15, 2004
THAT staff be directed to proceed with the acquisition and placement of signage at
entrances to each urban area advising of parking restrictions for overnight parking,
parking in excess of 5 hours,and heavy trucks and buses;
AND THAT the County of Elgin be requested to amend County Parking By-Iaw No.EG1 to
include those areas of County Roads identified in report P2004-012, as Restricted Parking
areas in Schedule"B"to the by-law."
Disposition: Motion Carried Unanimously
(c) Staff Report PR2004-007 regarding Food Booth—Municipal Beach.
File: L04
2004-197 Moved by M Schafer
Seconded by M Taylor
"THAT Council authorize extension of the Agreement with C. Val 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 2004,and that the contractor be permitted to operate weekends for April
of 2004,at the contractor's discretion."
Disposition: Motion Carried (C Evanitski was temporarily absent)
9. FINANCE,ADMINISTRATION & PERSONNEL
Y. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#7946 to Cheque#8000 inclusive, except cheque#7971,
totaling$59,692.32, Cash Requirements for the period ending April 30/04 and Payroll
Disbursements for the period ending March 31,2004 totaling$36,673.86.
2004-198 Moved by P Ens
Seconded by M Schafer
"THAT the Cheque Register being Cheque#7946 to Cheque#8000 inclusive,except
cheque#7941,totaling$59,692.32, Cash requirements for the period ending April 30/04 and
Payroll Disbursements for the period ending March 31,2004 totaling$36,673.86 be
approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2004-16 regarding Telephone&Internet Banking.
File: F04
COUNCIL MINUTES - 90 - April 15, 2004
2004-199 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report F2004-16 be received;
AND THAT By-law 2004-038,being a by-law to authorize the Mayor and Clerk to execute
an agreement with Credit Union Central of Ontario for telephone and internet banking
services,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(c) Staff Report F2004-14 regarding Trailer/Mobile Home Park Water and Sewer Rates.
File: F05.04
2004-200 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report 2004-15 be received;
AND THAT Staff be directed to amend the charges for trailer parks as outlined in the
report effective for the March/April water/sewer billing to be issued the beginning of May
2004."
Disposition: Motion Carried
(d) Staff Report C2004-007 regarding Council Remuneration.
File: Cli
2004-201 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Report C2004-007 be received;
AND THAT the remuneration rates for members of Council for the years 2004 and 2005,as
outlined in the report,be adopted;
AND THAT the current health benefits program continue to be made available to members
of Council on an individual basis,with the premiums to be paid by the individual;
AND THAT the Conference/Convention Allowance for Council and staff be adjusted,
effective January 1, 2004, to the amount of $256 per day, and that the rate be adjusted
annually commencing January tat,2005 by the annual CPI."
Disposition: Motion Carried Unanimously
(e) Staff Memorandum C2004-008 regarding Job Creation Partnerships Application.
File: F 11
COUNCIL MINUTES - 91 - April 15,2004
2004-202 Moved by C Evanitski
Seconded by M Schafer
"THAT Staff Memorandum C2004-008 be received;
AND THAT Council directs Staff to complete and submit the Job Creation Partnerships
application to Human Resources Development Canada."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
CORRESPONDENCE&REPORTS No Items
2. UNFINISHED BUSINESS
(a) Staff Report E2004-004 regarding Application for Water Service.
File: E0
2004-203 Moved by C Evanitski
Seconded by M Schafer
"THAT the application to allow the use of municipal water for agricultural use submitted
by Robert and Kimberley Pierce, for property identified by Roll #34-01-000-008-00100 be
approved,subject to the following:
• execution by the owners of a new agreement for water use,which shall include for a
maximum average daily use of 25 cubic metres;
• confirmation from the Ministry of Agriculture that the supply of municipal water
has no adverse impact on the operations Nutrient Management Plan;
AND THAT this agreement be for a one year term."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE -No Items
MOTION TO EXTEND MEETING
2004-204 Moved by M Schafer
Seconded by P Ens
"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 15,2004."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 92 - April 15,2004
12. BY-LAWS
By-law 2004—034 A By-law to Further Amend Appointments By-law 2004-001
(Remove Dave Howe-BCEDTC)
By-law 2004—035 A By-law to Authorize the Execution of a Lease Agreement with
P&M Wiebe
By-law 2004—036 A By-law to Authorize the Execution of a Lease Agreement with
B &G Stewart
By-law 2004—037 A By-law to Authorize the Execution of a Lease Agreement with
J&B Burwell
By-law 2004—038 A By-law to Authorize the Execution of an Agreement with Credit
Union Central of Ontario for Telephone&Internet Banlcing Services
By-law 2004—042 A By-law to Authorize the Execution of an Agreement with Martin
Bajuk for Sea-doo Rentals
By-law 2004—043 A By-law to Authorize the Mayor&Clerk to Execute an Agreement
with Cayuga Materials&Construction&the Town of Tillsonburg for
the Bayham Drive Construction.Project (Not available at time of
printing)
By-law 2004—039 A By-law to confirm all actions of Council
2004-205 Moved by M Schafer
Seconded by C Evanitski
"THAT By-laws 2004-034,2004-035,2004-036,2004-037,2004-038,2004-042 and 2004-043
be read a first,second and third time and finally passed."
Disposition: Motion Carried Unanimously
2004-206 Moved by P Ens
Seconded by M Schafer
"THAT confirming By-law 2004-039 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-207 Moved by M Schafer
Seconded by P Ens
"THAT the meeting be adjourned at 10:30 p.m."
Disposition: Motion Carried Unanimously
AlI
CI;ERK
Date Approved 6/0 t/