HomeMy WebLinkAboutJune 17, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
P.O. Box 160, 9344 Plank Road
STRAFFORDVILLE, ONTARIO
Thursday,June 17,2004
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,June 17,2004 in Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor Mathew
Schafer,Councillors Mark Taylor and Cliff Evanitski,Administrator Kyle Kruger and Clerk Lynda
Millard. Councillor Paul Ens was absent.
Planning Co-ordinator Margaret Underhill,Public Works Superintendent Bob Bartlett and Treasurer
Suzanna Mantell 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 Special Meeting of Council held May 31, 2004
Minutes of the Regular Meeting of Council held June 3,2004
2004-296 Moved by M Schafer
Seconded by C Evanitski
"THAT the minutes of the special meeting of the Municipality of Bayham held
May 31,2004 be approved."
Disposition: Motion Carried Unanimously
2004-297 Moved by C Evanitski
Seconded by M Schafer
"THAT the minutes of the regular meeting of the Municipality of Bayham held
June 3,2004 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 p.m.—Rob Foster,Auditor,Graham Scott Ens was in attendance to present the audited
financial statements for 2003. Item 9.1(b)
COUNCIL MINUTES - 130 - June 17,2004
Added Items
2004-298 Moved by M Schafer
Seconded by M Taylor
"THAT in accordance with Section 21 of Procedural By-law 2002-93,Staff Report
D2004-22 added to the agenda as items 6.1(e);
AND THAT correspondence dated May 21104 from the Municipality of Hastings Highlands
be added as Item 9.1(j)."
Disposition: Motion Carried Unanimously
5. INFORMATION ITEMS
2004-299 Moved by M Taylor
Seconded by C Evanitski
"THAT Information Items 5(a)through 5(k)be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Culture Committee draft minutes of meeting held June 8,2004.
File: C06
(b) Elgin Tourist Association email correspondence dated June 7,2004 regarding the Annual"Perch
Search".
File: A01
(c) AMO email correspondence dated June 2,2004 regarding Water/Wastewater Practice Reports.
File: A01
(d) Association of Municipalities of Ontario correspondence dated June 1,2 and 8,2004 regarding
"Province Releases PPS and Consultation Papers on Planning Reform","Province Introduces
Legislation to Fix Provincial Election Dates"and"Importance of Municipal Government Further
Acknowledged".
File: A01
(e) Ministry of Municipal Affairs and Housing News Release dated June 1,2004 regarding Ontario
Moves Forward on OMB and Land Use Planning Reforms, and public information session dates
File: M06
(f) Ministry of Citizenship and Immigration correspondence dated May 2004 regarding Nominations
for the Lincoln M.Alexander Award.
File: M02
(g) Port Burwell Marine Museum Committee draft minutes of meeting held June 1,2004.
File: C06
COUNCIL MINUTES - 131 - June 17, 2004
(h) Ministry of the Environment correspondence dated June 10,2004 regarding"Achieving 60%
Waste Diversion".
File: A16
(i) Correspondence dated May 26,2004 from the Alzheimer Society, Elgin-St.Thomas and
invitation to donate and attend the Annual General Meeting&Volunteer Celebration on June 22
at 6 p.m.
File: A01
(j) Tillsonburg&District Multi-Service Centre correspondence dated June 8,2004 in appreciation of
Bayham support.
File: A01
(k) Correspondence dated June 11,2004 from the Federation of Canadian Municipalities regarding
"FCM Election Platform calls for new Partnership".
File: A01
6. PLANNING,DEVELOPMENT,RECREATION &TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff D2004-020 regarding Josephine Froggett Severance Application E59-04.
File: D10
2004-300 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report D2004-020 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E59/04 be approved subject to:
1. the severed parcel being merged in title with the adjacent property to the north
owned by Helen&Henry J.Thiessen
2. rezoning of the severed parcel to Rural Residential(RR)as an extension of the
current RR zoning on the property owned by Helen&Henry J. Thiessen
3. Rezoning of the retained parcel to Rural Residential(RR)to reflect the use as a
residential lot."
Disposition: Motion Carried Unanimously
(b) Staff Report D2004-021 regarding Terry and Maria Black Severance Application E49-04.
File: D10
2004-301 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report D2004-021 be received;
AND THAT Council request the Land Division Committee to defer the severance
application E49/04 for Terry and Maria Black"
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 132 - June 17, 2004
(c) Correspondence dated June 7,2004 from Deb Travis,Rec. Society regarding 2004 Tub Daze in
Port Burwell.
File: A01/T09
2004-302 Moved by M Taylor
Seconded by C Evanitski
"THAT the correspondence dated June 7,2004 from Deb Travis,Rec. Society regarding
2004 Tub Daze in Port Burwell be received;
THAT Council approves use of the east beach by the Port Burwell Recreation Society
and the Otter Valley I Port Burwell Optimist Club for Tub Daze celebration activities to
be held July 30,31,August land 2,2004,including a beer tent,subject to meeting the
requirements of the Municipal Alcohol Policy including a minimum of six(6) STP
trained personnel and two(2) off-duty Police Officers or equivalent being on site during
all hours for the which the beer tent is open and those listed on the Outdoor Special
Occasion Permit Application, and also subject to:
• the applicable municipal building permit and/or sign permit be obtained from
the Chief Building Official and the necessary inspections undertaken;
• any required permit fees be paid to the Municipality of Bayham, except for a
tent which was previously waived by Council;
• providing the municipality with proof of certification for the pyrotechnician who
will be responsible for the fireworks;
• providing the municipality with proof of liability insurance to cover all events
including naming the municipality as an additional insured;
• obtaining the necessary approvals from the Ontario Provincial Police and the
Bayham Fire Chief(as per completion of the Municipal Event Notice and
parade route mapping);
THAT all other terms and conditions of the municipal rental agreement remain in
effect;
THAT the clean up of the east beach area and any costs thereof,be the responsibility of the
organizers;
THAT arrangements be made with the Public Works Superintendent to provide
Staff assistance for installation of fence and stage assembly and removal;
THAT Council grants permission to use municipal streets within Port Burwell and directs
that the County of Elgin be requested to grant permission for use of the County street
portions for parade purposes;
THAT the Public Works Superintendent make the necessary arrangements for traffic
control and safety for the parade;
AND THAT for purposes of Section 7 of Noise By-law No.2001-57,as amended,this event
is designated as a Community Festival."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 133 - June 17, 2004
(d) Correspondence dated June 11, 2004 from Paul Ens,Chairman, Straffordville Community
Committee regarding the Watermelon Fest parade.
File: ADI/T09
2004-303 Moved by C Evanitski
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham approves the proposed Watermelon
Fest Parade Route;
AND THAT Council hereby grants permission to use municipal streets within Straffordville
and requests permission from the County of Elgin to use Plank Road from Third Street,
south to Heritage Line and Heritage Line west to the Bayham Community Centre on
Saturday August 28,2004 between 9:30 and 11:00 a.m.during the Parade in Straffordville
subject to:
• providing the municipality with proof of liability insurance to cover all events
including naming the municipality as an additional insured;
• obtaining the necessary approvals from the Ontario Provincial Police and the
Bayham Fire Chief(as per completion of the Municipal Event Notice and parade
route mapping);
THAT the Public Works Superintendent be directed to make the necessary arrangements
for traffic control and safety;
AND THAT the clean up of the park area be the responsibility of the organizers."
Disposition: Motion Carried Unanimously
(e) Staff Report D2004-22 regarding Underhill Zoning Appeal.
File: D14
2004-304 Moved by M Taylor
Seconded by C Evanitski
"RESOLVED THAT Council of the Municipality of Bayham receive the appeal of Zoning
By-Iaw Z475-2004 from Tony Csinos;
AND THAT the by-law is in conformity with the Municipality of Bayham Official Plan;
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
7. ROADS,AGRICULTURE & DRAINAGE
(a) Staff Report PW2004-005 regarding Road Activity Report for April and May 2004.
File: T06
COUNCIL MINUTES - 134 - June 17,2004
2004-305 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report T2004-005 regarding Public Works activities for the months of April
2004 and May 2004 be received for information."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending May 31, 2004.
File: P10
2004-306 Moved by M Taylor
Seconded by C Evanitski
"THAT the Building Permit Report for the month ending May 31,2004 be received for
information."
Disposition: Motion Carried Unanimously
(b) Correspondence dated June 8,2004 from Sharon Reiser, Ladies Auxiliary to Branch 524 Port
Burwell-Bayham Royal Canadian Legion requesting permission to use the Gazebo.
File: C13/A01
2004-307 Moved by M Taylor
Seconded by C Evanitski
"THAT the correspondence dated June 8,2004 from Sharon Reiser,Ladies Auxiliary to
Branch 524 Port Burwell-Bayham Royal Canadian Legion be received;
AND THAT Council grants permission to use the Gazebo during Tub Daze;
AND THAT clean up of the area be the responsibility of the organizers."
Disposition: Motion Carried Unanimously
(c) Staff Report PR2004-010 regarding Harbour Facilities 2004.
File: L04
COUNCIL MINUTES - 135 - June 17, 2004
2004-308 Moved by M Schafer
Seconded by M Taylor
"THAT By-law No. 2004-062 to authorize execution of an agreement with Ron Bradfield,
Bradcranex Inc. to operate the municipal Black Docks, boat launch, and finger docks for
2004 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Reconsideration of Noise By-law exemption.
2004-309 Moved by M Taylor
Seconded by M Schafer
"THAT the Council of the Municipality of Bayham grants exemption from Noise By-law
No.2001-57,as amended,for Mr.Brian Hamilton(Country Camping)for the purpose of
allowing musical entertainment after 11:00 pm.,at Country Camping Inc.,6679
Woodworth Road,for the dates of July 2°d to July 5"'', such exemption to permit musical
entertainment to continue at the site until 1:00 a.m.on such dates;
AND THAT the additional weekend exemptions as requested be considered at the next
meeting of Council."
Disposition: Motion Carried on a Recorded Vote 3—1
Acre Yes Evanitski No
Schafer Yes Taylor Yes
9. FINANCE,ADMINISTRATION& PERSONNEL
CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#8213 to Cheque#8295 inclusive,totaling$427,670.11 and
Payroll Disbursements for the period ending June 9, 2004 totaling$ 73,215.12 (includes
firefighters).
2004-310 Moved by M Taylor
Seconded by C Evanitski
"THAT the Cheque Register being Cheque#8213 to Cheque#8295 inclusive,totaling
$427,670.11 and Payroll Disbursements for the period ending June 9,2004 totaling
$73,215.12 be approved."
Disposition: Motion Carried Unanimously
(b) Audited Financial Statements for the year ending December 31, 2003.
File: F10
COUNCIL MINUTES - 136 - June 17, 2004
2004-311 Moved by M Schafer
Seconded by M Taylor
"THAT the Audited Financial Statements for the Municipality of Bayham for the year
ending December 31,2003 as presented,be received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report F2004-023 regarding Billing and Collection Policy.
File: A09
2004-312 Moved by M Schafer
Seconded by C Evanitksi
"THAT Staff Report F2004-023 be received;
AND THAT By-law 2004-051,being a by-law to adopt a billing and collection policy for
taxes and utilities,be presented to Council for enactment;
AND THAT By-Law 2004-046,being a by-law to amend rates and fees by-law 2002-092,as
amended,be presented to Council for enactment;
AND THAT By-Law 2004-047,being a by-law to amend by-1aw2004-015,a by-law to set
water and sewer rates,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Staff Report F2004-024 regarding 2004 Tax Rates and Levies.
File: F22.04
2004-313 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report F2004-024 be received;
AND THAT By-Law 2004-059,being a by-law to establish a levy for the year 2004,to adopt
tax rates,provide for penalty and interest in default of payment and the collection thereof,be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Staff Report F2004-025 regarding Connection Charges.
File: CO1
(f) Staff Report F2004-026 regarding Financial Report for the period ending May 31,2004
File: F03
COUNCIL MINUTES - 137 - June 17, 2004
2004-314 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report 2004-26 regarding financial reporting for the period ending May 31,
2004 be received for information."
Disposition: Motion Carried Unanimously
(g) Staff Report L2004-003 regarding Job Creation Partnership Agreement.
File: L04
2004-315 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report L2004-003 be received;
AND THAT By-law 2004-061,being a by-law to authorize the execution of an agreement
with Human Resources Services Development Canada,be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(h) Staff Report PW2004-007 regarding Grass Cutting contract.
File: L04
2004-316 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report PW2004-007 regarding Grass Cutting contract be received;
AND THAT Council does not support the transfer of the contract;
AND THAT the current contract with Loewen's Lawn Care continue for the remainder of
2004."
Disposition: Motion Carried Unanimously
(i) Request from Councillor Taylor for discussion regarding Staffing Study RFP start date.
(j) Correspondence dated May 21,2004 from the Municipality of Hastings Highlands requesting
support regarding water regulations.
File: C 10
COUNCIL MINUTES - 138 • June 17, 2004
2004-317 Moved by M Schafer
Seconded by M Taylor
"THAT the Council of the Municipality of Bayham supports the resolution 118/04 of the
Municipality of Hastings Highlands requesting Reg. 170/03 revision."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
No Items
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS
2004-318 Moved by C Evanitsld
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 matters."
Disposition: Motion Carried Unanimously
2004-319 Moved by C Evanitski
Seconded by M Taylor
"THAT the Committee of the Whole do now rise from the"In Camera" Session."
Disposition: Motion Carried Unanimously
(a) Staff Report H2004-001 regarding a confidential personnel matter.
File: H
2004-320 Moved by M Taylor
Seconded by M Schafer
"THAT the draft Letter of Understanding with CUPE Local 35.4 be approved;
AND THAT By-law 2004-065 being a by-law to authorize the execution of a letter of
understanding with CUPE Local 35.4,be presented to Council for enactment;
AND THAT Staff be authorized to offer the position of Water/Wastewater Operator to Mr.
Robert Butler with remuneration and benefits as outlined in the Confidential Report."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES - 139 - June 17,2004
12. BY-LAWS
By-law 2004—046 A By-law to Amend 2002-092 (Rates&Fees)
By-law 2004—047 A By-law to Amend B/L 2004-015 Setting Water& Sewer Rates
By-law 2004—051 A By-law to Adopt a Billing&Collection Policy
By-law 2004—059 A By-law to Establish 2004 Tax Rates
By-law 2004—060 A By-law to Amend B/L 2001-085 (Sewer Rates)
By-law 2004—061 A By-law Authorizing a Job Creation Partnership Agreement with
I-IRSDC
By-law 2004--062 A By-law to Authorize the Execution of an Agreement with Bradcranex
By-law 2004—063 A By-law to confirm all actions of Council
By-law 2004—065 A By-law to Authorize Execution of a Letter of Understanding with
CUPE
2004-321 Moved by M Schafer
Seconded by M Taylor
"THAT By-Iaws 2004-046,2004-047,2004-051,2004-059,2004-061,2004-062 and 2004-065
be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
2004-322 Moved by M Schafer
Seconded by M Taylor
"THAT confirming By-law 2004-063 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-323 Moved by C Evanitslci
Seconded by M Taylor
"THAT the meeting be adjourned at 9:44 p.m."
Disposition: Motion Carried Unanimously
MA O C'ERK
Date Approved: 9kat, l5� s