HomeMy WebLinkAboutMay 06, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,May 6,2004
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,May 6,2004 in Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Mathew
Schafer,Councillors Mark Taylor and Paul Ens Administrator Kyle Kruger and Clerk Lynda Millard.
Planning Co-ordinator Margaret Underhill,Fire Chief Sam Taylor,Chief Building Official Dwayne
Daniel and Treasurer Suzanna Mantel were in attendance to present their respective reports.
Councillor Cliff Evanitski was absent.
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 Deputy Mayor Schafer disclosed an interest in item 7.1(b)as he is the
owner of an adjoining property.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held April 15,2004
Minutes of the Budget Meeting of Council held April 20,2004
Minutes of the Special Meeting of Council held April 28,2004
2004-217 Moved by P Ens
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
April 15,2004 be approved."
Disposition: Motion Carried Unanimously
2004-218 Moved by M Schafer
Seconded by P Ens
"THAT the minutes of the budget meeting of the Municipality of Bayham held
April 20,2004 be approved."
Disposition: Motion Carried Unanimously
2004-219 Moved by P Ens
Seconded by M Schafer
"THAT the minutes of the special meeting of the Municipality of Bayham held
April 28,2004 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES May 6,2004
ADDITION OF AGENDA ITEMS
2004-220 Moved by M Schafer
Seconded by P Ens
"THAT in accordance with Section 21 of Procedural By-law 2002-93,By-laws 2004-049
and 2004-050 be added to the agenda."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Brian Hamilton,owner,Country Camping Inc.was in attendance requesting c,
method of compliance measurement for noise by-law. Item 8.1(c)
(b) 7:30 p.m.—Chuck Edey, Chief Operating Officer,Echo Power Generation Inc. was in
attendance and made a presentation on the status of the proposed Wind Farm Park Project.
Item 6.1(b)
5. INFORMATION ITEMS
2004-221 Moved by P Ens
Seconded by M Schafer
"THAT Information Items 5(a)through 5(o)be received for information."
Disposition: Motion Carried Unanimously
(a) Port Burwell Marine Museum draft minutes of meeting held April 6, 2004.
File: C06
(b) Bayham Historical Society draft minutes of meeting held April 8,2004.
File: C06
(c) Bayham Community Centres Committee draft minutes of meeting held April 29, 2004.
File: C06
(d) Municipal Assessment Corporation correspondence dated April 21, 2004 responding to Council's
resolution regarding access to vital statistics data.
File: A16
(e) Copy of County of Elgin correspondence to Premier Dalton McGuinty requesting Provincial Gas
Tax clarification.
File: A16
(f) Municipality of West Elgin correspondence dated April 21,2004 supporting the apportionment of
police service costs based on incidents.
File: A16
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COUNCIL MINUTES - - May 6,2004
(g) The Order of Ontario correspondence dated April 2004 requesting nominations.
File: M02
(h) Ministry of Consumer and Business Services correspondence regarding regulations for licensing
electrical contractors.
File: Al6
(i) Ministry of Natural Resources News Release and Fact Sheet regarding Protocol with Police about
bears.
File: M06
(j) Association of Municipalities of Ontario"Alert"correspondence dated April 8 and 15, 2004
regarding"AMO Makes Recommendations on Planning Reform", "Environment Canada Issues
Final Road Salts Code of Practice""Province Reverses Decision to Close Judson",Minister
Extends Affordable Housing Program Deadline"and"Province Amends ESA to Allow Family
Medical Leave".
File: A01
(k) Federation of Canadian Municipalities correspondence dated Apri123,2004 regarding
"Municipalities call for a New Deal on rights-of-way".
File: A16
(1) Elgin Area Primary Water Supply System correspondence received April 20, 2004 regarding
National Drinking Water Week.
File: A01
(m) Natural Resource Gas correspondence dated March 29, 2004 regarding Rate Application RP-
2002-0147/EB-2003-0117.
File: A01
(n) Ministry of Municipal Affairs&Housing correspondence received April 21,2004 regarding
Residential Tenancy Reform information package.
File: Al 6
(o) Correspondence dated April 28,2004 from Steve Peters,M.P.P.responding to Council's
resolution regarding the Norfolk County Tobacco Community Action Plan.
File: Al 6
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2004-016 regarding Valeke Site Plan Agreement and Zoning By-law Z469-2004.
File: L04
COUNCIL MINUTES -*- May 6,2004
2004-222 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report D2004-16 be received;
AND THAT By-Iaw 2004-049,being a by-law to authorize the Mayor and Clerk to execute
the site plan agreement between the Municipality of Bayham and Robert Leon Valcke
regarding his property located in Concession 7 N.S.T.R.Part of Lot 131,be presented to
Council for enactment;
AND THAT Zoning By-law No.Z469-2004, being a by-law to approve the rezoning
application by Robert Valcke for Part of Lot 131 Concession 7 N.S.T.R.,from the
Agriculture(AI)Zone to the Site-Specific Rural Industrial(M2-6)Zone,be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
(b) Echo Power Generation Inc.presentation regarding 200 MW Wind Power Development in the
Township of Bayham,Malahide and Norfolk.
File: A01
2004-223 Moved by M Taylor
Seconded by M Schafer
"THAT the Echo Power Generation Inc.presentation regarding 200 MW Wind Power
Development in the Municipality of Bayham,Malahide and Norfolk be received for
information."
Disposition: Motion Carried Unanimously
(c) Port Burwell Community Child Care Centre correspondence dated April 30, 2004 requesting
permission to use Memorial Park,Port Burwell on Sunday,August 1"for a children's magic
show.
File: C13/A01
2004-224 Moved by M Schafer
Seconded by P Ens
"THAT the Port Burwell Community Child Care Centre correspondence dated April 30,
2004 be received;
AND THAT Council approves the request for permission to use Memorial Park,Port
Burwell on Sunday,August 1"for a children's magic show, subject to provision of proof of
liability insurance coverage in the amount of$2 million;
AND THAT the organizers be responsible for the cleanup of the Park following use."
Disposition: Motion Carried Unanimously
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COUNCIL MINUTES - X- May 6, 2004
7. ROADS, AGRICULTURE &DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report PW2004-005 regarding Maintenance Agreement—County Roads.
File: L04/T06
2004-225 Moved by M Schafer
Seconded by P Ens
"THAT By-law No.2004-045,being a by-law to authorize the Mayor and Clerk to
execute an agreement with the County of Elgin to amend the existing Road Maintenance
Agreement,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) By-law 2004-013 being a by-law to stop up, close and convey a part of unopened road allowance
Part Lots 113 & 114 Conc NTR.
File: CO1
2004-226 Moved by P Ens
Seconded by M Taylor
"THAT By-law No. 2004-013, being a by-law to stop up, close and convey a part of
unopened road allowance between part lots 113 and 114, Concession NTR, be presented to
Council for enactment."
Disposition: Motion Carried
S. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Staff Report P2004-011 regarding Fire Department First Quarter Activity Report.
File: P16
2004-227 Moved by M Schafer
Seconded M Taylor
"THAT Staff Report #P2004-011 regarding the Fire Department Quarterly Report be
received for information."
Disposition: Motion Carried Unanimously
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(b) Staff Report P2004-013 regarding Fire Apparatus Purchase.
File: P16
2004-228 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report#P2004-013 be deferred."
Disposition: Motion Carried Unanimously
(c) Correspondence dated April 29, 2004 from Brian Hamilton,Country Camping regarding
compliance with the Noise By-law.
File: P01
2004229 Moved by M Taylor
Seconded by M Schafer
"THAT the correspondence dated April 29,2004 from Brian Hamilton,Country Camping
regarding compliance with the Noise By-law be received for information."
Disposition: Motion Carried Unanimously
(d) Building Permit Reports for March and April 2004. (The Chief Building Official advised that
Permit#24 should be considered in May and was removed from the report.)
File: P10
2004-230 Moved by M Schafer
Seconded by M Taylor
"THAT the Building Permit Reports for March and April 2004, as amended,be received
for information."
Disposition: Motion Carried Unanimously
(e) Request from Councillor Taylor to discuss by-law enforcement.
2004-231 Moved by M Taylor
Seconded by M Schafer
"THAT Council direct Staff to undertake an active approach to by-law enforcement
beginning in the urban areas, starting with Port Burwell."
Disposition: Motion Carried Unanimously
(f) Staff Report P2004-014 regarding Application for Exemption—By-law 2001-57.
File: P01
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2004-232 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Report P2004-014 be considered at the regular meeting of Council to be held
May 206."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION & PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#8001 to Cheque# 8125 inclusive,totaling$364,722.28 and
Payroll Disbursements for the periods ending April 13 and 27, 2004 totaling$73,721.76.
2004-233 Moved by M Schafer
Seconded by M Taylor
"THAT the Cheque Register being Cheque#8001 to Cheque#8125 inclusive,totaling
$364,722.28 and Payroll Disbursements for the periods ending April 13 and 27,2004
totaling$73,721.76 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report BCHAC 2004-01 regarding Proposed Doctor Incentives.
File: S08
2004-234 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report D2004-01 be received;
AND THAT Council supports the incentive recommendations selected below as follows:
• Free rent of medical building for the first year with a graduated lease agreement to
increase the rent amount over the term of the agreement
• Subsidize half of receptionist's pay for the first year based on 40 hours per week
• Payment of annual building insurance
• Payment of building and grounds maintenance and upkeep
• Payment of water cooler rental
• Initial advertising in newspapers/posters/website within the community that he/she is
accepting new patients(2 x Aylmer Express and 2 x Tillsonburg News)
AND THAT Staff be directed to proceed with the implementation."
Disposition: Motion Carried Unanimously
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COUNCIL MINUTES - May 6,2004
(c) Staff Report BCHAC 2004-02 regarding BCHAC Update.
File: S08
2004-235 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report D2004-02 be received;
AND THAT Council supports the Bayham Community Health Action Committee's efforts
in pursuit of their long-term goals and the continued efforts to fulfill their mandate."
Disposition: Motion Carried Unanimously
(d) Staff Report F2004-015 regarding Tax Recovery Agreement.
File: F
2004-236 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report F2004-017 be received;
AND THAT By-law 2004-052,being a by-law to authorize the Mayor and Clerk to execute
an agreement with the Tax Recovery Group,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Staff Report F2004-018 regarding Billing and Collection Policy.
File: A09
(f) Staff Report F2004-019 regarding Pre-Authorized Payments.
File: F
2004-237 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report F2004-019 regarding pre-authorized payments be received;
AND THAT Staff be directed to begin the process to accept pre-authorized payments for
water/sewer charges and taxes;
AND THAT any agreements required for banking purposes be prepared for signing."
Disposition: Motion Carried Unanimously
(g) Staff Report F2004-020 regarding Interim Tax Rebate.
File: F
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2004-238 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report F2004-020 regarding Interim Tax Rebate be received;
AND THAT the interim tax levy for roll#3401-000-005-02006-0000 be reduced by an
amount equal to the May installment,effective as of the due date for the May installment;
AND THAT total taxes for 2004,determined at the time of the issuance of the 2004 final tax
bills,be reduced by only the February installment of the interim tax levy."
Disposition: Motion Carried Unanimously
(h) Staff Report F2004-021 regarding 2004 Budget.
File: F03
2004-239 Moved by M Taylor
Seconded by M Schafer
"THAT Staff Report F2004-021 be received;
AND THAT By-law 2004-50,being a by-law to adopt the assessment on which the taxes
shall be levied for the year 2004 and the current estimates for the year 2004,be presented
to Council for enactment."
Disposition: Motion Carried Unanimously
(i) Correspondence dated March 31, 2004 from Sandra Hotz regarding Otter Valley Cemetery care
and maintenance.
File: F05
2004-240 Moved by M Schafer
Seconded by M Taylor
"THAT the correspondence dated March 31,2004 from Sandra Hotz regarding Otter
Valley Cemetery care and maintenance be received;
AND THAT Mr.and Mrs.Hotz be advised that the Council of the Municipality of Bayham
appreciates their volunteer efforts;
AND THAT Council authorizes a total payment of$750 to cover 2004 costs,payable on a
monthly basis."
Disposition: Motion Carried Unanimously
(j) Edison Museum of Vienna Board draft minutes of meeting held April 20,2004.
File: C06
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2004-241 Moved by M Schafer
Seconded by P Ens
"THAT the Edison Museum of Vienna Board draft minutes of meeting held April 20,2004
be received;
AND THAT the resignation of John Ingolfsrud from the board be accepted with regret;
AND THAT By-law 2004-048 be presented to Council for enactment;
AND THAT the Public Works department be authorized to construct a driveway to the new
museum site at 6342 Plank Road,pursuant to the approved Road Occupancy Permit issued
by the County of Elgin."
Disposition: Motion Carried Unanimously
(k) Staff Report PR2004-008 regarding Rail Lands Lease—Hartmann.
File: L04
2004-242 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report PR2004-008 be received;
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 a lease agreement with Peter Hartmann, and that By-law No.
2004-044 authorizing the execution of the agreement by the Mayor and Clerk,be presented
to Council for enactment;
AND THAT Staff be directed to proceed with necessary public notices."
Disposition: Motion Defeated
(1) ElginConnects correspondence dated May 3,2004 requesting a rental fee waiver for use of the
Bayham Community Centre.
File: C13
2004-243 Moved by M Taylor
Seconded by M Schafer
"THAT the ElginConnects correspondence dated May 3,2004 be received;
AND THAT the Council of the Municipality of Bayham approves a fee waiver for use of the
Bayham Community Centre on June 18/04, subject to:
• proof of liability insurance coverage, and
• payment of the$40 cleaning fee."
Disposition: Motion Carried Unanimously
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10. ENVIRONMENT
I. CORRESPONDENCE&REPORTS
(a) Correspondence dated April 21,2004 regarding the Elgin Area Primary Water Supply System
2003 Annual Compliance Report.
File: E03
2004-244 Moved by P Ens
Seconded by M Taylor
"THAT the Elgin Area Primary Water Supply System 2003 Annual Compliance Report be
received for information."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
(a) Confidential Staff Report L2004-002 regarding a legal matter.
File: L02
2004-245 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 legal and personnel matters."
Disposition: Motion Carried Unanimously
2004-246 Moved by M Taylor
Seconded by P Ens
"THAT the Committee of the Whole do now rise from the"In Camera"Session."
Disposition: Motion Carried Unanimously
(b) Verbal Report regarding a personnel matter.
2004-247 Moved by M Schafer
Seconded by M Taylor
"THAT Council grant the staff benefit request as discussed in the Committee of the Whole
"Closed Session."
Disposition: Motion Carried Unanimously
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COUNCIL MINUTES - May 6, 2004
12. BY-LAWS
By-law Z469-2004 A By-law to Amend Zoning By-law Z456-2003 (Valcke)
By-law 2004—013 A By-law to Stop Up,Close&Convey Part of Unopened Road
Allowance Between Lots 113 & 114 Concession NTR(Parts 7, 8, 9, 10
and 11,Plan 11R-8059)
By-law 2004—045 A By-law to Authorize the Execution of an Agreement with the County
of Elgin(Minimum Maintenance Standards)
By-law 2004—048 A By-law to Further Amend Appointments By-law 2004-001
By-law 2004—049 A By-law to Authorize Execution of a Site Plan Agreement(RL Valcke)
By-law 2004—050 A By-law to Adopt Assessments and Current Estimates for 2004
By-law 2004—052 A By-law to Authorize the Execution of an Agreement with Tax
Recovery Group
By-law 2004—053 A By-law to confirm all actions of Council
2004-248 Moved by P Ens
Seconded by M Taylor
"THAT By-laws Z469-2004,2004-013,2004-045,2004-048,2004-049,2004-050 and
2004-052 be read a first, second and third time and finally passed."
Disposition: Motion Carried
2004-249 Moved by P Ens
Seconded by M Taylor
"THAT confirming By-law 2004-053 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-250 Moved by M Taylor
Seconded by P Ens
"THAT the meeting be adjourned at 10:39 p.m."
Disposition: Motion Carried Unanimously
A i CLERK
Date Approved: 'c„.1 �a. f0 zi