HomeMy WebLinkAboutJuly 13, 2006 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 PIank Road, Straffordville
Thursday July 13,2006
7:00 p.m.
7:30 p.m. Public Meeting(Zoning)
8:00 p.m. Public Meeting Drainage (Little Jerry Creek)
The regular meeting of the Council of the Municipality of Bayham was held in Council Chambers.
Present were Mayor Lynn Acre, Deputy Mayor Mathew Schafer, Councillors Mark Taylor, Paul Ens
and Cliff Evanitski, Administrator Kyle Kruger and Clerk Lynda Millard. Planning Co-ordinator
Margaret Underhill, Treasurer Suzanna Mantel, Drainage Superintendent Dwayne Daniel and By-law
Enforcement Carol Judd were in attendance to present their respective reports.
1. CALL TO ORDER Mayor 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
Correction to Minutes of the Regular Meeting of Council held June 1, 2006
Minutes of the Regular Meeting of Council held June 15, 2006
2006-394 Moved by P Ens
Seconded by C Evanitski
"THAT the Clerk be authorized to correct Item 7.1(a) of the minutes of the Council
meeting held June 1,2006 to reflect that permission was granted to close streets in Port
Burwell on July 1,2006 only."
Disposition: Motion Carried Unanimously
2006-395 Moved by C Evanitski
Seconded by P Ens
"THAT the minutes of the regular meeting of Council held June 15, 2006 be approved as
circulated."
Disposition: Motion Carried Unanimously
Council Minutes - 175 - July 13, 2006
ADDITION OF AGENDA ITEMS
2006-396 Moved by M Schafer
Seconded by P Ens
"THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Memorandum
C2006-015 regarding Health & Safety Policy,By-law 2006-069 authorizing execution of a
facade improvement loan agreement, and delegation by Jeff Oegema regarding a Memo of
Co-operation be added to the agenda as items 9.1(h), 12 and 4(a) respectively."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) Jeff Oegema,associated with Kent Kristensen of Seaport Management Corporation was in
attendance to seek Council's support for a Memo of Co-operation regarding the potential ferry
service between Port Burwell and the Village of Grand River, Ohio.
5. INFORMATION ITEMS
2006-397 Moved by C Evanitski
Seconded by P Ens
"THAT information items 5(a) through 5(u), except(b) be received for
information."
Disposition: Motion Carried Unanimously
2006-398 Moved by P Ens
Seconded by C Evanitski
"THAT the correspondence from the Ontario Municipal Water Association
(OMWA) dated June 10, 2006 concerning recommendations made in Watertight, a
report by the government-appointed Water Expert Panel,will, if adopted,transfer
control of water from municipalities to local water companies and these water
companies are to be governed by Boards,with two-thirds of the Board members to
be drawn from the private sector,which OMWA views as the first step in
dismantling public ownership, be received; and
THAT the Municipality of Bayham supports the position of the Ontario Municipal Water
Association that water must remain under public ownership and control; and
THAT the Government of Ontario must make a commitment to the people of
Ontario to keep water under public ownership and control by enshrining it in
legislation; and
Council Minutes - 176 - July 13, 2006
FURTHER THAT a copy of this motion be sent to Premier Dalton McGuinty,the
Minister of Public Infrastructure Renewal the Hon. David Caplan, the Minister of
the Environment the Hon. Laurel Broten,the Minister of Municipal Affairs and
Housing,the Hon.John Gerretson,Steve Peters,M.P.P.Elgin-Middlesex-London,
the Association of Municipalities of Ontario and the Ontario Municipal Water
Association."
Disposition: Motion Carried Unanimously
(a) Press Release from the County of Elgin dated June 28, 2006 regarding"County of Elgin Hires
Manager of Economic Development".
File: A16
(b) Correspondence from the Ontario Municipal Water Association dated June 10, 2006 regarding
Watertight, a report by the government-appointed Water Expert Panel.
File: A01
(c) Members' Advisory from the Federation of Canadian Municipalities regarding a Six-Point Plan
to Fight Fiscal Imbalance.
File: A01
(d) Correspondence from the Honourable Mac Herb, Senate of Canada, dated June 16, 2006
regarding the passing of the Motion for a Smoke-Free Canada.
File: A16
(e) Member Communication Alerts from the Association of Municipalities of Ontario(AMO)dated
June 15, June 16,June 20, June 21, June 28, June 29 and July 4, 2006 regarding"Helping
Farmers", "Province Introduces Changes to the Municipal Act", Government Responds to
Operating Farmers Markets and Community Events Concerns", "Government Announces Next
Steps in AODA", "Canada and Ontario launch COMRIF"Intake Three", "Province Amends
Emergency Measures Act", "AMO Position on Household Hazardous Waste/Household Special
Waste(HHW/HSW)", "Property Reassessments Cancelled Until 2008", "Your Support for the
AMO Position on Improving the Efficiency of the Blue Box" and"New OMERS Sponsors
Corporation Established."
File: A01
(f) Elgin County Museum Advisory Committee Minutes of meeting held on June 14, 2006.
File: C06/A16
(g) Correspondence from the Municipal Property Assessment Corporation dated June 30, 2006
regarding Province-Wide Assessment Updates for 2006 and 2007.
File: A16
(h) Email from Places to Grow(Public Infrastructure Renewal) dated June 16, 2006 regarding the
final Growth Plan for the Greater Golden Horseshoe, 2006.
File: A16
Council Minutes - 177 - July 13, 2006
(i) Email from the Ontario Ministry of Municipal Affairs and Housing dated June 16,2006
regarding government initiatives.
File: A16
(j) Email from the City of Windsor dated June 15, 2006 regarding an Invitation to Attend U.S.
Canada Mayors' Summit on July 20, 2006.
File: A04
(k) Information&Privacy Commissioner/Ontario Annual Report 2005.
File: A09
(1) Aylmer and Area Chamber of Commerce Business Retention&Expansion Public Summary
2005-2006.
File: A01
(m) Correspondence from Steve Peters, M.P.P. dated June 23, 2006 regarding Intake Three of the
Canada-Ontario Municipal Rural Infrastructure Fund.
File: F1l
(n) Correspondence from the Tillsonburg&District Multi-Service Centre dated June 12, 2006
regarding the Adult Basic Literacy program.
File: A01
(o) Canada/Ontario/Toronto News Release dated June 13, 2006 regarding"Affordable Housing
Project Begins Construction."
File: M06
(p) Correspondence from the Municipality of South Bruce dated June 15, 2006 regarding Funding
Shortfalls for Water and Waste Waster Projects.
File: A16
(q) Correspondence from the Ministry of Citizenship and Immigration dated June 2006 regarding the
2006 call for nominations for the Ontario Medal for Good Citizenship.
File: M02
(r) Email from the Canadian Food Inspection Agency dated June 30, 2006 regarding new regulated
areas in Southwestern Ontario to slow spread of emerald ash borer.
File: A16
(s) Correspondence from the Straffordville Community Committee dated June 30, 2006 regarding
appreciation for the donation towards Watermelon Fest and an invitation to attend.
File: M04
(t) Bayham Tourism&Community Marketing Committee Minutes of Meeting held on June 28,
2006.
File: C06
Council Minutes - 178 - July 13, 2006
(u) Correspondence from the Township of Malahide dated June 23, 2006 regarding Tire Clean-up.
File: A16
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
L CORRESPONDENCE&REPORTS
(a) Staff Report D2006-036 regarding DeLeemans Severance E48/06.
File: D10
2006-399 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report D2006-036 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
consent application E48/06 not be granted as it does not conform to the policies of the
Municipality of Bayham Official Plan and the Provincial Policy Statement 2005."
Disposition: Motion Carried Unanimously
(b) Staff Report D2006-037 regarding Henry and Helen Klassen rezoning deferred from June 15t.
File: D14
2006-400 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report D2006-037 be received;
AND THAT due to the significant change in the application that Staff be directed to
schedule a second public meeting to consider the amended rezoning application submitted
by Henry& Helen Klassen."
Disposition: Motion Carried Unanimously
(c) Staff Report D2006-038 regarding Chesterman Leasing Inc. Site Plan Agreement&Rezoning.
File: Dl i
2006-401 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report D2006-038 be received;
Council Minutes - 179 - July 13, 2006
AND THAT By-law No. 2006-066, being a By-law to authorize the execution of a site plan
agreement with Chesterman Leasing Inc., be presented to Council for enactment;
AND THAT Zoning By-law No. Z521-2006, being a by-law to amend By-law No. Z456-
2003, as amended,to remove lands from the Agricultural(AI)zone and adding to the site-
specific Rural Industrial (M2-7)Zone, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Staff Report C2006-011 regarding East Elgin Family Health Team Constitution&Operating
By-laws.
File: S08/EEFHT
2006-402 Moved by C Evanitski
Seconded by M Schafer
THAT the Council of the Municipality of Bayham recommends that the
Constitution and Operating By-laws submitted by the East Elgin Family Health
Team Inc.Steering Committee be the accepted Constitution and Operating By-laws
of the East Elgin Family Health Team Inc.Board of Directors."
Disposition: Motion Carried Unanimously
(e) Request from Mary Zacharias to extend the tree planting deadline.
File: D14
2006-403 Moved by C Evanitski
Seconded by P Ens
"THAT Council approve an extension to the end of August 2006 for the Zacharias' to meet
the tree planting buffer requirements."
Disposition: Motion Carried Unanimously
6.2 PUBLIC MEETING
2006-404 Moved by M Schafer
Seconded by C Evanitski
"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 - 180 - July 13, 2006
I. (a) 7:30 p.m. Application: To change the zoning on approximately 4000 m2 (1 acre) of land
situated on the north side of Eden Line, west of Culloden Road, in Part Lot 4, Concession
9, from the Rural Industrial (M2) Zone to the Rural Industrial — Temporary (M2-T#)
Zone in the Zoning By-law No. Z456-2003 submitted by Heinrich, Peter and Ruth
Wieler.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation—The Planning Co-ordinator presented Staff Report 1)2006-039. She
advised that no written comments or objections had been received. She explained that
the temporary zoning would permit the mobile home to be used as an accessory residence
for an owner/employee. The suggested temporary term would be three(3)years and that
prior to the expiry date, other living arrangements for the owner/employee should be
made. The Planning coordinator noted that the previous approval expired in 2004 and
added that Henry and Peter Wieler were present and could answer any further questions.
4. Public Comments-None
5. Council Comments and Questions
Councillor Evanitski asked Mr. Wieler if it was an employee who has been and continues
to live in the mobile home. Mr. Henry Wielcr confirmed that it is.
Deputy Mayor Schafer asked if a lot adjustment would be possible to increase the size of
the lot to permit an accessory residential unit.
The Planning Coordinator responded by saying that the Official Plan designates the
subject lands to be Industrial and any increase is size would require an Official Plan
amendment in addition to the rezoning.
6. Adjournment
2006-405 Moved by P Ens
Seconded by C Evanitski
"THAT the Public Meeting be adjourned at 7:36 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2006-406 Moved by M Schafer
Seconded by M Taylor
"THAT Staff Report D2006-039 be received;
AND THAT the zoning on the Industrial portion of a property owned by Heinrich, Peter
and Ruth Wieler described as Part Lot 4 Concession 9, north side Eden Line, be changed
Council Minutes - 181 - July 13, 2006
from Rural Industrial (M2) to Rural Industrial—Temporary 4 (M2-T4) to permit a mobile
home for temporary accessory residential use;
AND THAT Zoning By-law No. Z530-2006 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE&DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Staff Report DR2006-012 regarding the Peters Municipal Drain- 2006 Extension(Magyar
Severances)
File: E09
2006-407 Moved by M Schafer
Seconded by P Ens
"THAT Staff Report DR2006-012 regarding the Peters Municipal Drain—2006
Extension be received;
AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report
#205324 dated June 9,2006 for the Peters Municipal Drain—2006 Extension, as prepared
by the Engineer, Spriet Associates, and filed with the Clerk on June 22, 2006;
AND THAT Council agrees to proceed with the Peters Municipal Drain—2006
Extension;
AND THAT a Public Meeting be held on August 17,2006 at 8:1,5 p.m. to consider this
Report;
AND THAT,in accordance with the Drainage Act,Staff be directed to mail a Notice of
Public Meeting and Report to all persons assessed to this drainage works."
Disposition: Motion Carried Unanimously°
(b) Staff Report DR2006-013 regarding the Bartley Municipal Drain,Branch"B". (Magyar
Severances)
File: E09
2006-408 Moved by C Evanitski
Seconded by M Schafer
THAT Staff Report DR2006-013 regarding the Bartley Municipal Drain—Branch
"B" be received;
Council Minutes 182 - July 13, 2006
AND THAT the Council of the Municipality of Bayham acknowledges the receipt of
Report#205325 dated June 9,2006 for the Bartley Municipal Drain—Branch"B",
as prepared by the Engineer, Spriet Associates, and filed with the Clerk on June 26,
2006;
AND THAT Council agrees to proceed with the Bartley Municipal Drain—Branch
“B».
AND THAT a Public Meeting be held on August 17, 2006 at 8:30 p.m. to consider this
Report;
AND THAT, in accordance with the Drainage Act, Staff be directed to mail a Notice of
Public Meeting and Report to all persons assessed to this drainage works.
Disposition: Motion Carried Unanimously
(c) Email from Brenda Seitz from the LCBO dated June 26,2006 regarding the proposed Farmer's
Market in Port Burwell.
File: T09
2006-409 Moved by C Evanitski
Seconded by M Taylor
"THAT email from Brenda Seitz from the LCBO dated June 26,2006 regarding the
proposed Farmer's Market in Port Burwell be received for information."
Disposition: Motion Carried Unanimously
(d) Staff Report D2006-014 regarding the Eden Municipal Drain—West Branch, Extension"A"_
File: E09
2006-410 Moved by P Ens
Seconded by M Schafer
"THAT Staff Report DR2006-014 regarding the Eden Municipal Drain,West
Branch, Extension "A"be received;
THAT the Council of the Municipality of Bayham hereby extends the period for filing of a
report for the Eden Municipal Drain,West Branch,Extension "A",by the Engineer, Spriet
Associates, for a further six(6) month period,namely on or before December 12,2006.
Disposition: Motion Carried Unanimously
Council Minutes - 183 - July 13, 2006
(e) Staff Report DR2006-015 regarding Schonberger Municipal Drain—Wetland Drain Restoration
Project.
File: E09
2006-411 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report DR2005-015 regarding the Schonberger Municipal Drain—
Wetland Drain Restoration Project be received.
AND THAT the Clerk be directed to arrange an on-site meeting with the interested parties,
including the Professional Engineer, the landowner, the project partners,the Municipal
Drainage Superintendent, and Paul Gagnon,LPRCA."
Disposition: Motion Carried Unanimously
(f) Email correspondence dated July 7th from Ian Almond, Port Burwell Business Development
Association withdrawing request to temporarily close streets in Port Burwell on August 5 and
September 2,2006.
File: C13/T09
2006-412 Moved by P Ens
Seconded by M Schafer
"THAT the email correspondence dated July 7th from Ian Almond, Chairman,Port
Burwell Business Development Association withdrawing request to temporarily close
streets in Port Burwell on August 5 and September 2,2006, be received for information."
Disposition: Motion Carried Unanimously
(g) Correspondence from the Straffordville Community Committee dated July 10th requesting use of
streets for the Watermelon Fest parade on August 26,2006.
File:T09
2006-413 Moved by M Taylor
Seconded by M Schafer
"THAT correspondence dated July 10th from Paul Ens, Chairman, Straffordville
Community Committee requesting use of streets for the Watermelon Fest parade on
August 26,2006, be received;
THAT Council grants permission to use municipal streets within Straffordville for
parade purposes;
Council Minutes - 184 - July 13, 2006
THAT Old Chapel Street south from Heritage Line to Plank Road be closed during
the parade;
THAT Council 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 26, 2006 between 9:30 and 11:00 a.m.
during the Parade in Straffordville, subject to the organizers:
• 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
2. PUBLIC MEETING
2006-414 Moved by M Taylor
Seconded by P Ens
"THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to
the provisions of the Drainage Act."
Disposition: Motion Carried Unanimously
I. (a) Consideration of Engineer's Report 204135 dated May 15,2006 prepared by Spriet Associates
regarding the Little Jerry Creek Drain.
File: E09
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation—Staff Report D2006-011 and Engineer Report 204135 regarding the
Little Jerry Creek Municipal Drain-Beattie Farm Improvement&Revised Assessment
Schedule were presented by the Drainage Superintendent and the Engineer John M.
Spriet.
Mr. Spriet noted that the drain had been incorporated as a municipal drain about 1955.
He advised that a petition had been submitted to upgrade the drainage works, for which
the applicant would pay the major portion. All owners of properties assessed to the drain
would be required to share in the costs pertaining to the new assessment schedule created
Council Minutes - 185 - July 13, 2006
to incorporate severances and splits that had occurred over the years. He added that
anyone interested in adding to or removing their name from the petition could do so.
4. Public Comments
Q. Allan Veitch, Lot 11 Concession 9 questioned why others were being asked to
pay for the construction of a private bridge.
A. The Engineer advised that the owner is entitled,under the Drainage Act,to
petition for a new crossing, and as a result he is assessed the most.
Q. Nick Balint asked what the amounts were being paid by the applicant and by
others.
A. Mr. Spriet responded that the applicant would be paying approximately$15,00
and the others $25,000. The installation will be a steel culvert, 3 meters in
diameter and 15 meters in length.
Q. N Balint suggested the 9 foot culvert installed on Somers Road is too big.
A. J. Spriet responded that size is based on upstream land area and guidelines
published by OMAFRA.
Q. N. Balint noted that if enough water comes to fill that drain his whole farm would
be flooded.
A. J. Spriet replied that road standards requirements are higher standard than those
for farm properties. He noted that this property is 4 km further down stream and
that 2400 acres empty into this drain. He added that the 3.5 meter width and five
meter depth of the creek also affect the size of the culvert required. He suggested
that any affected property owner within an existing drain can seek assistance
under the Drainage Act.
Q. N.Balint advised that water comes from South-West Oxford upstream.
A. J. Spriet responded that it doesn't matter, the drain covers municipal boundaries.
D. Daniel noted that earlier this year the 8 foot culvert on Pressey Line was filled to the
top and round hay bales went right through. He added that little maintenance had been
done since 1955 and ten new municipal drains had been added since. Properties have
been severed and split and it was the time to update the schedule. He added that the
estimated maintenance costs are based on construction costs and broken down by
percentages. With the new construction there will be no maintenance costs assessed,
based on these percentages,until such time as work is required.
N. Balint suggested if this goes through he will be requesting new bridges.
Harry VanDen Broeck suggested that flooding north of Pressey Line floods is because no
brushing maintenance has been carried out.
Council Minutes - 186 - July 13, 2006
D. Daniel advised that a letter has been received from Bill Freeman, Road
Superintendent, South-West Oxford requesting cleanout of the Little Jerry downstream
from Pressey Road.
M Donck questioned how many bridges related to drainage in Bayham have been paid for
by the public.
J. Spriet responded that he did not know,however bridges need to be replaced over time
and those assessed have the right to petition under Provincial legislation-the Drainage
Act.
N. Balint noted that water under the Railroad backs up and has not been cleaned since
about 1972-73.
J. Spriet responded that it floods all the way around, however, the railroad company
would have to request cleanout.
D. Daniel stated there is perception that the crossing is not part of the drain. There are
also several open ditch areas and six or seven farm crossings incorporated throughout the
whole drain.
N. Balint commented that he is losing soil from lands assessed to the Smith Dran.
J.Spriet advised that he may request to do repairs by petition. An Engineer would be
appointed to prepare a report and owners upstream will be required to contribute to the
cost.
N. Balint responded that water holds there and sucks the sand out.
J. Spriet advised that under the Drainage Act,he has the right to request maintenance.
5. Council Comments and Questions
Q. C. Evanitski questioned whether there is an appeal process.
A. J. Spriet responded that owners who feel they are assessed too much can request
an adjustment, including those in South-West Oxford and Malahide.
C. Evanitski questioned whether flatbed trailers can be used as a bridge.
J. Spriet advised an assessed owner can apply under Section 78 of the Act where a bridge
is undermining.
C. Evanitski noted he has been on a property since 1966 and no maintenance has been
officially undertaken,however,he believes farmers have tiled possibly without utilizing a
petition to do so under the Act. He questioned whether there is a process to withdraw the
drain from the Drainage Act?
J. Spriet responded that the drain can be abandoned under Section 19,however, this
would require a vote resulting in support by 2/3 of those in the watershed.
M. Schafer stated that Council must act on the petition.
Council Minutes - 187 - July 13, 2006
J. Spriet advised that appeal can be made to the drainage tribunal. Those upstream are
required to pay a portion of the costs.
M. Taylor agreed that the costs must be paid as per the Act,however, it does not seem
right.
6. Disposition of Item
2006-415 Moved by M Schafer
Seconded by M Taylor
"THAT in accordance with Chapter 14, Sections 44 to 46 of the Drainage Act,the
Council of the Corporation of the Municipality of Bayham hereby adopts the
Engineer's Report 204135 prepared by Spriet Associates filed with the Clerk on
May 25,2006 and referred to as the"Little Jerry Creek Drain";
AND THAT Provisional By-law 2006-065 be given first and second reading;
AND THAT the Clerk be directed to distribute copies of the Provisional By-law and
Notice of the time and place of the first sitting of the Court of Revision to the
affected parties pursuant to Section 46(2)of the Drainage Act;
AND THAT in accordance with Section 97 of the Drainage Age, the Court of
Revision shall consist of 2 members appointed by Bayham Council, of whom one
shall be the chair, and 1 member as appointed by the Council of each of the
neighbouring municipalities, namely,the Township of South-West Oxford and the
Township of Malahide;
AND THAT a date of August 17,2006 at 8:45 p.m. be set for the first sitting of the
Court of Revision."
Disposition: Motion Carried Unanimously
7. Adjournment
2006-416 Moved by P Ens
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 8:34 p.m."
Disposition: Motion Carried Unanimously
2006-417 Moved by M Schafer
Seconded by M Taylor
"THAT the Bayham Council appointees to the Court of Revision for the Little Jerry Creek
drain be Mayor Acre as Chairman and Paul Ens.
Disposition: Motion Carried Unanimously
Council Minutes - 188 - July 13, 2006
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month of June 2006.
File: P 10
2006-418 Moved by P Ens
Seconded by M Taylor
"THAT the Building Permit Report for the month ending June 30,2006 be received for
information."
Disposition: Motion Carried Unanimously
(b) April—May 2006 Detachment Commander's Report from the Elgin Group Police Services
Board and 2006 Business Plan.
File: P17
Councillor Evanitski offered to answer any questions regarding the OPP report. He reported
that the number of investigators working on the Bandito case has now been reduced from 96 to
66. He added that ATV use in Eden has escalated and suggested Council request an
enforcement blitz.
Councillor Ens advised that OPP had recently pulled over an ATV on the Teall Nevill Road.
Deputy Mayor Schafer asked whether there was an added cost for the OPP to attend parades
etc.
C. Evanitski responded that he believes it is included in under the contract.
2006-419 Moved by M Schafer
Seconded by P Ens
"THAT the April—May 2006 Detachment Commander's Report from the Elgin Group
Police Services Board and the O.P.P. Elgin County Detachment 2006 Business Plan be
received for information."
Disposition: Motion Carried Unanimously
2006-420 Moved by C Evanitski
Seconded by M Schafer
"THAT the Municipality of Bayham formally request the Elgin Police Services Board to
investigate the possibility of doing an enforcement blitz on the Otter Valley Utility
Corridor;
Council Minutes - 189 - July 13, 2006
AND THAT the Town of Tillsonburg be contacted for their support on said matter."
Disposition: Motion Carried Unanimously
(c) Correspondence from Jennifer Weninger, Vice-President/Secretary, Port Burwell Community
Childcare Centre dated July 4, 2006 regarding a garden project.
File: C13
2006-421 Moved by M Taylor
Seconded by C Evanitski
"THAT correspondence from Jennifer Weninger,Vice-President/Secretary, Port Burwell
Community Childcare Centre dated July 4,2006 be received;
AND THAT Council approves the request for the Port Burwell Community Childcare
Centre to carry out gardening activities at the Library and Memorial Park garden in Port
Burwell as submitted;
AND THAT proof of liability insurance coverage be provided to the Municipality."
Disposition: Motion Carried Unanimously
(d) Correspondence from Service Canada Centre for Youth dated July 5, 2006 regarding"Odd Job
Squad Week".
File: C13
2006-422 Moved by M Schafer
Seconded by P Ens
"THAT the correspondence from Charlotte O'Neill, Service Canada Centre for Youth
dated July 5,2006 regarding"Odd Job Squad Week"be received;
AND THAT the Council of the Municipality of Bayham approves the use of the East Beach
in Port Burwell to host an "Odd Job Squad Week" during the week of Monday,July 17 to
Friday,July 21, 2006."
Disposition: Motion Carried Unanimously
(e) Staff Report F2006-19 regarding East Beach Facilities.
File: A19
Council Minutes - 190 - July 13,2006
2006-423 Moved by P Ens
Seconded by M Schafer
"THAT staff be authorized and directed to retain Spriet & Associates for the design and
supervision of construction of East Beach Washroom Facilities;
AND THAT Council provides clarification of preferred minimum facilities be as outlined
in draft floor plan#1."
Disposition: Motion Carried Unanimously
(I) Staff Report P2006-020 regarding Bayham-Port Burwell Sidewalks.
File: P01
2006-424 Moved by M Taylor
Seconded by C Evanitsld
"THAT Staff Report#P2006-020 regarding Bayham-Port Burwell Sidewalks be received
for information."
Disposition: Motion Carried Unanimously
(g) Tub Daze approval request for noise by-law exemption.
File: P01
2006-425 Moved by M Taylor
Seconded by C Evanitski
"THAT the Tub Daze activities on the East Beach in Port Burwell request for exemption
from Noise Control By-law No. 2001-57 until 1:00 a.m. on August 5, 6 and 7, 2006 be
approved."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION&PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#781 to Cheque#918 inclusive, except Cheque#864
totaling$1,092,171.70 and Cash Requirements for the period ending June 30th and
Payroll Disbursements for the period ending June 18th and July 2nd totaling$ 83,721.99
and$47,097.45.
Council Minutes - 191 - July 13, 2006
2006-426 Moved by C Evanitski
Seconded by M Taylor
"THAT Cheque Register being Cheque#781 to Cheque#918 inclusive, except
Cheque#864 totaling$1,092,171.70 and Cash Requirements for the period ending
June 30th and Payroll Disbursements for the period ending June 18th and July 2a
totaling$ 83,721.99 and $47,097.45 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report#F2006-17 regarding COMRIF Intake#3.
File: Fl 1
2006-427 Moved by P Ens
Seconded by C Evanitski
"WHEREAS the Council of the Municipality of Bayham has received and
considered the Canada-Ontario Rural Infrastructure Fund(COMRIF) Guidebook
for Intake Three;
AND WHEREAS Council has assessed the capital priorities of the Municipality
against the requirements as set out in the COMRIF Intake Three Guidebook;
NOW THEREFORE Council considers the Septage Receiving and Treatment
Facility Project, as delineated in the completed COMRIF Application form, to be its
highest priorities for COMRIF Intake Three;
FURTHER, THAT Council endorses and directs staff to submit the application to
the COMRIF Joint Secretariat under Intake Three by September 13, 2006."
Disposition: Motion Carried Unanimously
(c) Financial Report for the period ending June 30,2006.
File: F03
2006-428 Moved by P Ens
Seconded by C Evanitski
"THAT the financial report for the period ending June 30, 2006 be received for
information."
Disposition: Motion Carried Unanimously
Council Minutes - 192 - July 13, 2006
(d) Staff Report F2006-18 regarding Trailer Parks Water/Sewer Billings. (The Report was handed
out by the Treasurer and was deferred to the August 17`h meeting)
File: F05
(e) Correspondence dated June 20, 2006 from Bev Hickey requesting resolution to assist in
prevention of the closure of the Port Burwell Public School.
File: C13
2006-429 Moved by M Schafer
Seconded by P Ens
WHEREAS the Thames Valley District School Board is considering the possible
closure of elementary schools in the Thames Valley District as a means to reduce
budgetary requirements; and,
WHEREAS the Port Burwell Public School is included on the list of potential school
closures; and,
WHEREAS the school council and citizens, including parents and others are
concerned about the impact a potential closure would have on the local community;
and
WHEREAS schools,particularly in the rural setting, are the lifeblood of
communities; and,
WHEREAS offering educational programs in established communities is a
fundamental right of Ontario's citizenry; and
WHEREAS the provision of educational programs and facilities goes far beyond
economics and fiscal budget cuts; and
WHEREAS establishing an"arbitrary" school size as a means of closing schools
ignores the very principles of universal access to education and has the potential of
destroying the social fabric of rural communities; and
WHEREAS the Port Burwell Public School, being serviced by both municipal water
and sewer systems specifically allows the Port Burwell facility to expand its housing
capacity in anticipation that the need for the school will increase;
AND WHEREAS the Council of the Municipality of Bayham strongly objects to the
closing of the Port Burwell Public School and any other school within the
Municipality of Bayham,and the negative impact associated with such school
closure;
Council Minutes - 193 - July 13, 2006
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Bayham
petition the Minister of Education for Ontario and the members of the Thames
Valley District School Board to abandon the option of closing schools in small and
rural communities as a means of cost containments; and,
THAT the Minister of Education and the Thames Valley District School Board
consider the social, economic and other community impacts when establishing
criteria justifying school closures; and,
THAT the principle of providing universal access to education override budget
reductions and the desire to drastically alter Ontario's Education System; and
FURTHER THAT copies of this resolution be forwarded to the County of Elgin,
Trustees of the Thames Valley District School Board,Port Burwell Public School,
Steve Peters MPP,Premier of Ontario,and the Minister of Education.
Disposition: Motion Carried Unanimously
(f) Resignation submitted by Cliff Evanitski regarding appointment to the Long Point Region
Conservation Authority.
File: C12
2006-430 Moved by M Schafer
Seconded by P Ens
"THAT the resignation submitted by Cliff Evanitski regarding his appointment to
the Long Point Region Conservation Authority, effective July 11, 2006 be accepted
with regret;
AND THAT Staff prepare a by-law to further amend appointments By-law
2006-005 for consideration at the August 17th meeting."
Disposition: Motion Carried Unanimously
(g) Email request from Councillor Mark Taylor regarding various items. (Staff to report regarding
placement of trees at the Sewage Treatment Plant.)
File: C13
2006-431 Moved by M Taylor
Seconded by C Evanitski
"THAT the email request from Councillor Mark Taylor regarding various items be
received;
Council Minutes - 194 - July 13, 2006
THAT the Museums Bayham Board be advised that Council confirms a willingness to
change the zoning to accommodate a new museum facility on the property located at 6342
Plank Road,Vienna when it is appropriate to do so;
THAT Staff be directed to have the pier in Port Burwell resurfaced with hardtop."
Disposition: Motion Carried Unanimously
(h) Staff Memorandum C2006-015 regarding the Health& Safety Policy.
2006-432 Moved by P Ens
Seconded by M Schafer
"THAT Staff Memorandum C2006-015 regarding the Health& Safety Policy be received;
AND THAT the Council of the Municipality of Bayham approves the Health and Safety
Policy Statement as presented."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
(a) Member Communication Alert from the Association of Municipalities of Ontario dated
July 4, 2006 regarding"Your Support for the AMO Position on Improving the Efficiency
of the Blue Box.
File: A01
2006-433 Moved by P Ens
Seconded by M Schafer
"THAT the Council of the Municipality of Bayham supports the AMO Position on
Improving the Efficiency of the Blue Box as outlined in the Member Communication Alert
from the Association of Municipalities of Ontario dated July 4, 2006."
Disposition: Motion Carried Unanimously
2006-434 Moved by P Ens
Seconded by M Schafer
"THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall
deal with business until 11:00 p.m. at its meeting of July 13,2006."
Disposition: Motion Carried Unanimously
Council Minutes - 195 - July 13, 2006
11. COMMITTEE OF THE WHOLE
2006-435 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:
❑ personal matters about an identifiable individual,including municipal or local
board employees;
❑ litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
Disposition: Motion Carried Unanimously
2006-436 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
I. CORRESPONDENCE&REPORTS
(a) Staff Report H2006-09 regarding a confidential personal matter.
File: H11
2006-437 Moved by M Taylor
Seconded by P Ens
"THAT By-law 2006-067, being a by-law to authorize Chief Building Official and Inspector
Appointments,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) Confidential correspondence dated June 22, 2006 regarding a legal matter.
File: LO
(c) Staff Report H2006-010 regarding a confidential legal matter.
(d) Staff Report L2006-regarding a confidential property matter.
File: L07
Council Minutes - 196 - July 13, 2006
(e) Consideration of a confidential legal matter
(f) Consideration of a confidential legal matter
2006-438 Moved by M Taylor
Seconded by M Schafer
"THAT the Council of the Municipality of Bayham supports the Memorandum of Co-
operation with the Village of Grand River, Ohio in promoting a Ferry Link between the
two municipalities;
AND THAT the By-law 2006-070 authorizing the Mayor to execute the agreement
be added to the agenda and presented to Council for enactment."
Disposition: Motion Carried Unanimously
12. BY-LAWS
2006-439 Moved by P Ens
Seconded by M Taylor
"THAT By-laws Z521-2006,Z530-2006,2006-065, 2006-066,2006-067,2006-069 and
2006-070 be read a first,second and third time and finally passed."
Disposition: Motion Carried Unanimously
2006-440 Moved by M Schafer
Seconded by P Ens
"THAT confirming By-law 2006-068 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
By-law Z521-2006 A By-law to Further Amend Zoning By-law Z456-2003
(Chesterman)
By-law Z530-2006 A By-law to Further Amend Zoning By-law Z456-2003 (Wieler)
By-law 2006-065 Provisional By-law re Little Jerry Creek Drain(1'&2nd reading
only)
By-law 2006-066 A By-law to Authorize a Site Plan Agreement with Chesterman
Inc.
Council Minutes - 197 - July 13, 2006
By-law 2006-067 A By-law to Authorize CBO and Inspector Appointments
By-law 2006-069 A By-law to Authorize Execution of a Facade Improvement Loan
Agreement with 2079071 Ontario Inc.
By-law 2006-070 A By-law to authorize the Mayor to execute an agreement with Grand
River; Ohio
By-law 2006-068 A By-law to confirm all actions of Council
13. ADJOURNMENT
2006-441 Moved by P Ens
Seconded by M Schafer
"THAT the meeting be adjourned at 11:42 p.m."
Disposition: Motion Carried Unanimously
i2IYA"/LA.)
MAX41111 CLERK
Date Approved: `"Y`J 4 /-7/6 6