HomeMy WebLinkAboutJanuary 08, 2004 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
P.O.Box 160,9344 Plank Road
STRAFFORDVILLE,ONTARIO
Thursday,January 8,2004
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,January 8,2004 in Council Chambers. Present were Mayor Lynn Acre
Deputy Mayor Mathew Schafer,Councillors Mask Taylor,Paul Ens and Cliff Evanitski,
Administrator Kyle Kruger and Clerk Lynda Millard.
Planning Co-ordinator Margaret Underhill,Fire Chief Sam Taylor and Chief Building Official
Dwayne Daniel 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 December 18,2003
2004-01 Moved by M Taylor
Seconded by C Evanitski
"THAT the minutes of the regular meeting of the Municipality of Bayham held
December 18,2003 be approved."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:05 nem.—Bob Habldrk,2003 Chairman,Elgin Area Water Supply System Joint
Board of Management was in attendance to present the Annual Report and Highlights.
Added item 9.1(7)
5. INFORMATION ITEMS
2004-02 Moved by M Taylor
Seconded by P Ens
"THAT Information Items 5(a)through 5(1)be received for information."
Disposition: Motion Carried Unanimously
(a) Bayham Historical Society minutes of meeting held November 13,2003.
File: C06
COUNCIL MINUTES -2- January S,2004
5. INFORMATION ITEMS(continued)
(b) Port Burwell Marine Museum draft minutes of meeting held December 2,2003 and
Annual Report to Council.
File: C06
(c) Vienna Edison Festival Committee draft minutes of meeting held December 10,2003.
File: C06
(d) Draft minutes of the Bayham Culture Committee meeting held December 16,2003.
File: C06
(e) Straffordville Cemetery Board draft minutes of meeting held December 16,2003.
File: C06
(0 Association of Municipalities of Ontario correspondence dated December 15,17, 18 and
24,2003 regarding"City of Toronto Pesticide By-law Upheld by Superior Court","AMO
Has Been Heard on Fleming Reform","Province Takes Responsibility for Nuisance
Bears","Moratorium on Water-taking Permits Announced",and"End of the Year Wrap-
up for Municipal Government$Millions in 2004 for Blue Box Program". File:A01
(g) St.Thomas—Elgin Tourist Association—Annual Report in Brief.
File: A01
(h) "the TaiTLe?'newsletter of the Thames Talbot Land Trust.
File: M07
(i) "LIFESTYLE LINK"—Elgin St.Thomas Health Unit Newsletter December 2003
edition.
File: A16
(j) Solicitor General of Canada correspondence dated December 9,2003 regarding the
Canadian Firearms Program.
File: A16
(k) Communities in Bloom-Ontario correspondence dated November 21,2003 regarding
2004 Competition.
File: A01
(1) Natural Resources Canada correspondence dated December 12,2003 regarding Energy
Efficiency Programs.
File: A16
Added Item requested by Councillor Evanitski
(m) Correspondence dated December 22,2003 from the Corporation of the Municipality of
Central Elgin opposing enforcement of the Nutrient Management Act through the
Ministry of Environment.
File: C10
2004-03 Moved by C Evanitski
Seconded by P Ens
"THAT the Council of the Municipality of Bayham supports the correspondence
from the Municipality of Central Elgin to Premier McGuinty regarding
enforcement of the Nutrient Management Act;
AND THAT this resolution be forwarded as appropriate."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -3- January 8,2004
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
Y. CORRESPONDENCE&REPORTS
(a) Staff Report D2004-02 regarding Del Walcarius Severance Application.
File: D10
2004-04 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report D2004-02 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance applications E141103,E142/03&E143/03 be approved subject to:
1. written confirmation from the Elgin St.Thomas Health Unit that the subject
property is capable of supporting the size and number of proposed
residential lots;
2. $500 cash-in-lieu payable for each of the five lots created."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE&DRAINAGE
L CORRESPONDENCE&REPORTS
(a) Staff Report PR2004-001 regarding Echo Energy Inc.—Road Use Agreement.
File: L04
2004-05 Moved by M Schafer
Seconded by P Ens
"THAT the Road Use Agreement with Echo Energy Inc.for the placement of
natural gas pipelines be amended as outlined in report PR2004-001 and that By-law
No.2004-003 be presented to Council for enactment."
Disposition: Motion Carried
(b) Staff Report PR2004-002 regarding Road Closure Application—Wilhelm Dyck.
File: T09
2004-06 Moved by P Ens
Seconded by M Schafer
"THAT staff be directed to initiate any required procedures pursuant to the
Municipal Act to close the unopened road allowance between lots 25 and 26 in
Concession South Gore,and convey such to the abutting property owners;provided
the owners provide additional lands for "road widening", pay one-half of survey
costs,and pay required advertising,and legal expenses."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -4- January 8,2004
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
L CORRESPONDENCE AND REPORTS
(a) Staff Report P2004-002 regarding Community Emergency Management Program
Committee.
File: P16
2004-07 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report P2004-02 regarding the Emergency Management Program
Committee be received;
AND THAT Council approves the formation of the Emergency Management
Program Committee;
AND THAT Council direct Staff to recruit members from the above mentioned
agencies for appointment to the said committee."
Disposition: Motion Carried Unanimously
(b) Building Permit Report for December 2003 and Staff Report P2004-003 regarding
Building and Septic Permits for 2003.
File: P10
2004-08 Moved by C Evanitski
Seconded by M Schafer
"THAT the Building Permit Report for the month of December 2003 and Staff
Report P2004-003 regarding Building and Septic Permits for 2003 be received for
information."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION&PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#7361 to Cheque#7449,inclusive,except cheques
#7417 and 7433,totaling$166,539.51,and Payroll Disbursements for the period ending
December 24,2003 totaling$38,341.72.
2004-09 Moved by M Taylor
Seconded by P Ens
"THAT the Cheque Register being Cheque#7361 to Cheque#7449 inclusive,
except cheques#7417 and 7433,totaling$166,539.51 and Payroll Disbursements for
the period ending December 24,2003 totaling$38,341.72 be approved."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -5- January 8,2004
9. FINANCE,ADMINISTRATION&PERSONNEL(continued)
1 CORRESPONDENCE&REPORTS
(b) Staff Report F2004-01 regarding Yearly Update to By-laws.
File: F
2004-10 Moved by C Evanitski
Seconded by M Schafer
"THAT By-law 2003-06,being a by-law to provide for an Interim Tax Levy for
2004;
AND THAT By-Law 2003-07,being a by-law to authorize borrowing from time to
time to meet current expenditures during the fiscal year ending December 31,2004,
be presented to Council for enactment."
Disposition: Motion Carried Unanimously
2004-11 Moved by P Ens
Seconded by M Schafer
"Be it resolved that the Council of the Municipality of Bayham acknowledges their
intent to use the CRF Allocations they will receive for the direct benefit of
taxpayers;and accepts the 2004 CRF Allocations in accordance with the terms and
conditions(Conditions of Community Reinvestment Fund Allocations)attached to
the letter of December 22",2003 from the Deputy Ministers of Finance and
Municipal Affairs and Housing to municipal Treasurers/Clerk-Treasurers."
Disposition: Motion Carried Unanimously
(c) Correspondence dated December 12,2003 from Tony Csinos regarding committee
resignations.
File: C12
2004-12 Moved by M Schafer
Seconded by M Taylor
"THAT the Correspondence dated December 12,2003 from Tony Csinos be
received;
AND THAT Council accept his resignation from the Edison Museum of Vienna
Board with regret."
Disposition: Motion Carried Unanimously
(4) Staff Report C2004-01 regarding Committee Appointments.
File: C12
2004-13 Moved by M Schafer
Seconded by C Evanitski
"THAT Staff Report C2004-01 regarding Committee/Board Appointments be
received;
AND THAT By-law 2004-001,being a by-law to appoint members to the various
boards and committees of Council be presented to Council for enactment."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -6- January 8,2004
9. FINANCE,ADMINISTRATION&PERSONNEL(continued)
Y. CORRESPONDENCE&REPORTS
(e) Staff Report C2004-02 regarding Appointment of Fence Viewers.
File: C12
2004-14 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report C2004-02 be received;
AND THAT By-law 2004-002,being a by-law to appoint Fence Viewers and setting
out the remuneration for Fence Viewer services,be presented to Council for
enactment"
Disposition: Motion Carried Unanimously
(f) Memo from Councillor Mark Taylor regarding items for discussion.
File: C13
2004-15 Moved by C Evanitski
Seconded by P Ens
"THAT the memo from Councillor Mark Taylor be received;
AND THAT Staff draft a letter to the Provincial Government and the Municipal
Property Assessment Corporation opposing the assessments and retroactivity on
trailer parks and sugar shacks,and advise of Council concerns regarding
discrepancies in the Municipal List of Electors;
AND THAT Staff be directed to report to Council on the mail in voting process;
AND THAT Staff more actively enforce the Property Standards By-Law with or
without written complaints."
Disposition: Motion Carried Unanimously
(g) Staff Report PR2004-03 regarding a Rail Lands Lease—768340 Ontario Limited
(Howey).
File: L04
2004-16 Moved by C Evanitski
Seconded by M Taylor
"THAT Council declare the former C.P.Rail lands,described as Concession 1 to 9,
parts I to 5,11R6476 and Part 1 11R6477,as surplus to the needs of the
Municipality;
THAT Council authorize a lease agreement with 768340 Ontario Limited for a•
portion of the former CP Rail Lands,and that By-law No.2004-004 be presented to
Council for enactment;and
THAT Staff be directed to proceed with necessary public notices."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -7 January 8,2004
Added Item
(h) Elgin Area Water Supply System 2003 Year-end Report—November 28,2003.
File: C11
Received for information.
10. ENVIRONMENT
No Items
11. COMMITTEE OF THE WHOLE
L CORRESPONDENCE&REPORTS
2004-17 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 a confidential legal matter."
Disposition: Motion Carried Unanimously
2004-18 Moved by P Ens
Seconded by C Evanitski
"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.
12. BY-LAWS
By-law 2004-001 A By-law to Appoint Committee Members
By-law 2004-002 A By-law to Appoint Fence Viewers
By-law 2004-003 A By-law to Amend Road Use Agreement(Echo Energy)
By-law 2004-004 A By-law to Authorize Execution of Lease Agreement (Howey)
By-law 2004-06 A By-law to Provide for an Interim Levy
By-law 2004-07 A By-law to Authorize Borrowing
By-law 2004—005 A By-law to confirm all actions of Council
2004-19 Moved by P Ens
Seconded by M Taylor
"THAT By-laws 2004-001,2004-002,2004-003,2004-004,2004-06,and 2004-07 be
read a first,second and third time and finally passed."
Disposition: Motion Carried Unanimously
COUNCIL MINUTES -8- January 8,2004
12. BY-LAWS(continued)
2004-20 Moved by C Evanitski
Seconded by M Taylor
"THAT confirming By-law 2004-005 be read a first,second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2004-21 Moved by M Taylor
Seconded by M Schafer
"THAT the meeting be adjourned at 10:35 p.m."
Disposition: Motion Carried Unanimously
11i ,L
f. G 4'
P-K
MAY
Date Approved:679,2, ., a X/o t/