HomeMy WebLinkAboutSeptember 07, 2006 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday September 7,2006
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held in Council Chambers.
Present were Mayor Lynn Acre, Councillors Mark Taylor,Paul Ens and Cliff Evanitski, Administrator
Kyle Kruger and Clerk Lynda Millard. Planning Co-ordinator Margaret Underhill, Treasurer Suzanna
Mantel,Chief Building Official Bill Knifton, Fire Chief/By-law Enforcement Paul Groeneveld and
Drainage Superintendent Dwayne Daniel were in attendance to present their respective reports.
The Administrator and Clerk vacated Council Chambers during discussion of Item 11.1(d)
Deputy Mayor Mathew Schafer was absent.
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
Councillor Evanitski disclosed a conflict in regard to items 9.1(g) and 9.1(d) as he is an
employee of the Long Point Region Conservation Authority.
3. APPROVAL OF MINUTES
2006-494 Moved by C Evanitski
Seconded by P Ens
"THAT the minutes of the regular meeting of Council held August 17, 2006 be approved
as circulated."
Disposition: Motion Carried Unanimously
ADDITION OF AGENDA ITEM
2006-495 Moved by M Taylor
Seconded by C Evanitski
"THAT in accordance with Section 21 of Procedural By-law 2002-93,update regarding
East Beach Facilities be added to the agenda as item 8.1(g)."
Disposition: Motion Carried Unanimously
Council Minutes -225 - September 7, 2006
4. DELEGATIONS
(a) 7:05 p.m.-Duncan Sinclair,teacher Environmental Sciences Class, East Elgin Secondary
School was in attendance to provide Council with an update on the status of the Environmental
Project and to seek financial assistance for the disposal of tires to be recovered along the north
shore of Lake Erie between Port Burwell and Port Bruce.
Item 9.1.(h)
(b) 7:20 p.m. -Judie Rice,residents was in attendance to voice concerns of affected residents
regarding unsafe traffic, and pedestrian safety at the Eden Line I Schafer Road intersection. Item
7.1(c)
File: C13
(c) 7:45p.m.-David Roe, Planning Consultant was in attendance on behalf of Jake and Mary
Zacharias in regard to tree plantings to meet severance and zoning by-law buffer requirements.
Item 6.1(d)
5. INFORMATION ITEMS
2006-496 Moved by M Taylor
Seconded by P Ens
"THAT information items 5(a) through 5(p) be received for information."
Disposition: Motion Carried Unanimously
(a) Correspondence from Play Works dated August 11, 2006 regarding Youth Friendly
Communities Good Practices. (Full Report available)
File: R06
(b) Summer 2006 Edition of Natural Resources Canada newsletter. (full copy available)
File: A16
(c) Correspondence dated June 27, 2006 regarding the Independent Electricity System Operator's
(IESO) second Ontario Reliability Outlook Report. (full copy available)
File: E06
(d) Correspondence from Members of the Eden&Area Community Centre dated-August 16, 2006
expressing their thanks for the donation.
File: A01
(e) Bayham Historical Society minutes of meeting held on June 8,2006.
File: C06
Council Minutes - 226 - September 7, 2006
(f) Association of Municipalities of Ontario Member Communication Alert dated August 18, 2006
regarding"Important Announcements made at 2006 AMO Conference" and August 21, 2006
regarding"AMO's Submission to Standing Committee on Bill 43" and August 23, 2006
regarding"Climate Change and Public Health Symposium" and August 28, 2006 regarding
"2007, 2008 and 2009 AMO Annual General Meeting and Conference to be held in Ottawa."
File: A01
(g) Bayham Health& Safety Committee minutes of meeting held on July 19, 2006.
File: C06
(h) The Government of Canada and the Government of Ontario Newsletters dated August 21, 2006
regarding"Plaque Dedication Ceremony Marks Renovation of Welland Mills Project"and
August 25, 2006 regarding"Ontario Communities Get$90 Million Boost for Affordable
Housing."
File: M07
(i) Correspondence from the Association of Ontario Road Supervisors dated August 2006 regarding
the AORS Certified Road Supervisor Professional Development Program.
File: A01
(j) The Association of Ontario Road Supervisors (AORS) Summer 2006 Newsletter.
File: A01
(k) Ministry of Health Promotion correspondence dated August 11,2006 regarding Bayham's letter
supporting development of a national sport and recreation infrastructure.
File: A16
(1) News Release from the Elgin-St. Thomas Health Unit dated August 15,2006 regarding"Crow
Presumed Positive for West Nile Virus in Union."
File: M07
(m) Federation of Canadian Municipalities Members' Advisory dated August 15, 2006 regarding
"Invitation to Comment: Federal Infrastructure Investments."
File: A01
(n) Elgin Group Police Services Board minutes of meeting held on June 14, 2006.
File: C06
(o) Curator's Staff Report#MB2006-016 regarding Update on Fall Exhibits/Displays and
Remaining Events.
File: R03
(p) Alzheimer Advocate Fall 2006 Newsletter.
File: M07
Council Minutes -227 - September 7, 2006
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2006-047 regarding a Site Plan Agreement and Zoning By-law Z528-2006
for Jammie Underhill Farms Ltd.
File: D11/D14
2006-497 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report D2006-047 be received;
AND THAT By-law No. 2006-080, being a By-law to authorize the execution of 3 site plan
agreement with Jammie Underhill Farms Ltd., be presented, as amended per
recommended revisions,to Council for enactment;
AND THAT the zoning on the subject portion of a property owned by Jammie Underhill
Farms Ltd. described as Concession 2 Part Lots 11 and 12,4885 Plank Road, be changed
from Special Agriculture (A2)to site-specific Special Agriculture (A2-4);
AND THAT Zoning By-law 2528-2006, as amended, be presented for enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report D2006-049 regarding Release of 1996 Site Plan Agreement—Ball (B/L 2006-079)
File: D11.SERV
2006-498 Moved by M Taylor
Seconded by P Ens
"THAT Staff Report D2006-049 be received;
AND THAT By-law 2006-079,being a by-law to provide for the release of a registered site
plan agreement,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(c) Draft B/L 2006-071 and Griesbach Development Agreement.
File: L04
Council Minutes - 228 - September 7, 2006
2006-499 Moved by M Taylor
Seconded by C Evanitski
"THAT the Griesbach Development Agreement, as amended, be approved;
AND THAT BIL 2006-071, being a by-law to authorize the Mayor and Clerk to execute the
agreement with Robert Griesbach and Christina Anton-Griesbach, be presented to Council
for enactment."
Disposition: Motion Carried Unanimously
(d) Correspondence dated August 31, 2006 from David Roe, Civic Planning Solutions regarding
Jake&Mary Zacharias buffer strip requirements.
File: D92 77 box 27
2006-500 Moved by M Taylor
Seconded by C Evanitski
"THAT correspondence dated August 31,2006 from David Roe,Civic Planning Solutions
regarding Jake &Mary Zacharias buffer strip requirements be received;
AND THAT Council accepts the tree planting efforts of Jake and Mary Zacharias as
satisfactory in meeting the conditions of severance and rezoning applications."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Correspondence from Marla Baxter dated August 25,2006 regarding a visibility issue from the
corner of Blackbridge Line south up the hill on Plank Road.
File: C13
2006-501 Moved by C Evanitski
Seconded by P Ens
"THAT correspondence from Marla Baxter dated August 25,2006 regarding visibility
from the corner of Blackbridge Line south up the hill on Plank Road be received."
Disposition: Motion Carried Unanimously
(b) Staff Report#DR2006-020 regarding Otter's Edge Municipal Drain: 6-Month Extension.
File: E09
Council Minutes -229 - September 7,2006
2006-502 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report DR2006-020 regarding the Otters Edge Municipal Drain be
received;
AND THAT the Council of the Municipality of Bayham hereby extends the period for filing
of a report for the Otters Edge Municipal Drain, by the Engineer, Spriet Associates,for a
further six (6) month period,namely on or before February 2, 2007.
Disposition: Motion Carried Unanimously
(c) Petition correspondence from Lisa Wilson dated September 4, 2006 regarding the Eden
Line and Schafer Road Intersection.
File: C13
2006-503 Moved by P Ens
Seconded by M Taylor
"THAT petition correspondence from Lisa Wilson dated September 4,2006
regarding the Eden Line and Schafer Road Intersection be received;
AND THAT the Public Works Superintendent be directed to investigate safety
improvement options and costs and report back to Council with a
recommendation."
Disposition: Motion Carried Unanimously
(d) Correspondence dated August 18th from Karl and Sonia DeDecker regarding Clarke Road
drainage concerns.
File: C13
2006-504 Moved by P Ens
Seconded by C Evanitski
"THAT correspondence dated August 18th from Karl and Sonia DeDecker regarding
Clarke Road drainage concerns be received;
AND THAT Public Works Superintendent be directed to investigate drainage
improvement options and costs and report back to Council with a
recommendation."
Disposition: Motion Carried Unanimously
Council Minutes - 230 - September 7, 2006
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Staff Report#P2006-019 regarding Medical Response Pilot.
File: P16
2006-505 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report P2006-019 regarding the Medical Response Pilot be received;
AND THAT the Fire Department provide the level of service for medical response
incidents as per the Medical Review Pilot as follows:
Chart 2—Medical Response Pilot
All Chest Pain Respiratory Personal Uncontrolled
Code VSA SOB Unconscious! /Cardiac Arrest Injury Bleeding MVC
4 Arrest
Approved NO YES NO NO YES NO NO NO YES
Responses
including Fire department response to the following additional services:
• Motor Vehicle Collisions
• Delay of EMS—20 minutes
• Request of EMS."
Disposition: Motion Carried Unanimously
(b) Staff Report#P2006-018 regarding Fire Department/CEMPBy-Law rd Qtr. Report.
File: P16
2006-506 Moved by P Ens
Seconded by C Evanitski
"THAT Staff Report 2006-018 regarding the Fire Department,Emergency Management
and By-law Enforcement Programs for the 2"d Quarter 2006 (April 1St—June 30th) be
received for information"
Disposition: Motion Carried Unanimously
(c) Staff Report#P2006-021 regarding Livestock Valuation Program.
File: P16
Council Minutes - 231 - September 7, 2006
2006-507 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report P2006-021 regarding the Municipality's Livestock Valuation
Program be received;
AND THAT By-Law 2006-081, being a by-law to appoint the Municipality's By-Law
Enforcement Officer, Paul Groenevel as the Bayham Livestock Valuer, be presented
to Council for enactment."
Disposition: Motion Carried Unanimously
(d) Staff Report#P2006-023 regarding Emergency Communications Infrastructure (Amendment To
Budget)
File: P16
2006-508 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report P2006-023 regarding Emergency Communications Infrastructure
Enhancements be received;
THAT enhancements to the emergency communications infrastructure be carried out as
per Option 3 as proposed to Install second repeater on the existing communications tower
located at the public works yard in Pt. Burwell;
THAT funding for the project be provided as per proposed Funding Option 1 of the report
utilizing 2006 budget allocations as follows:
• Repeater—Paging Enhancements-$3,000,
• unused allocation for Technical Communications Enhancements - $2,000 and
• a portion of a fire department static reserve- $1,500;
AND THAT Staff prepare and submit an application for JEPP funding support upon
completion of the project."
Disposition: Motion Carried Unanimously
(e) Correspondence received August 30th from Michele Charron requesting permission to use
municipal property for her wedding.
File: C13
Council Minutes 232 - September 7, 2006
2006-509 Moved by M Taylor
Seconded by P Ens
"THAT the correspondence received August 30th from Michele Charron requesting
permission to use Memorial Park in Port Burwell for her wedding be received;
AND THAT Council grants permission to use the Park on September 23 at 3:00 p.m.,
subject to provision of proof of liability insurance coverage;
AND THAT cleanup of the Park be the responsibility of the users."
Disposition: Motion Carried Unanimously
(f) Building Permit Report for the month of August.
File: P10
2006-510 Moved by C Evanitski
Seconded by P Ens
"THAT the Building Permit Report for the month of August,2006 be received for
information."
Disposition: Motion Carried Unanimously
(g) John Spriet, Spriet Associates was in attendance to provide an updated draft plan for the
proposed east beach washroom facility. Council input was provided for incorporation into the
design for further consideration at the next meeting.
File: R05
9. FINANCE,ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#1117 to Cheque#1178 inclusive totaling$149,588.00
and Cash Requirements for the period ending August 30, 2006 and Payroll
Disbursements for the periods ending August 13, 2006 and August 27, 2006 totaling
$50,984.49 and $50,667.23.
2006-511 Moved by C Evanitski
Seconded by P Ens
"THAT Cheque Register being Cheque#1117 to Cheque#1178 inclusive, totaling
$149,588.00 and Cash Requirements for the period ending August 30,2006 and
Council Minutes - 233 - September 7, 2006
Payroll Disbursements for the periods ending August 13 and August 27,2006
totaling$50,984.49 and $50,667.23 be approved."
Disposition: Motion Carried Unanimously
(b) Correspondence from the Ontario Flu-Cured Tobacco Growers' Marketing Board requesting a
letter of support for the tobacco industry to Provincial and Federal Contacts and comments from
the County of Elgin regarding same.
File: A16
2006-512 Moved by M Taylor
Seconded by C Evanitski
"THAT fax correspondence dated August 9,2006 from the Ontario Flue-Cured Tobacco
Growers' Marketing Board be deferred."
Disposition: Motion Carried
(c) By-law 2006-082 regarding Collection and Records Management Policy for Museums Bayham.
File: COl
2006-513 Moved by P Ens
Seconded by C Evanitski
"THAT By-law 2006-082, being a by-law to adopt a Collections and Records Management
Policy for Museums Bayham,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(d) By-law 2006-083 regarding Interpretation&Education Policy for Museums Bayham.
File: CO1
2006-514 Moved by C Evanitski
Seconded by M Taylor
"THAT By-law 2006-083, being a by-law to adopt an Interpretation & Education Policy for
Museums Bayham,be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Correspondence from Carl Biro dated September 5,2006 regarding an All Candidates Meeting
for the Municipality of Bayham.
File: C13
Council Minutes 234 - September 7, 2006
2006-515 Moved by M Taylor
Seconded by P Ens
"THAT correspondence from Carl Biro dated September 5,2006 regarding an All
Candidates Meeting for the Municipality of Bayham be received;
THAT Council approves a rental and cleaning fee waiver for an All Candidates meeting to
be held at 7:00 p.m. on October 11th at the Bayham Community Centre in Straffordville;
AND THAT Council approves the use of the Municipal sign for notice of same."
Disposition: Motion Carried Unanimously
(f) Joint Cemetery Board Minutes of Special Meeting held on August 26, 2006.
File: C06
2006-516 Moved by P Ens
Seconded by C Evanitski
"THAT the draft Joint Cemetery Board Minutes of the Special Meeting held August
26,2006 be received;
THAT Council supports the acquisition of the proposed lands;
THAT the Municipality provide support for costs associated with the acquisition
and upgrades;
AND THAT Administration and Public Works Staff provide the necessary
assistance related to acquisition and upgrades."
Disposition: Motion Carried Unanimously
(g) LPRCA correspondence dated August 29, 2006 advising that the request to extend the deadline
for Fees Review be granted.
File: A16
2006-517 Moved by P Ens
Seconded by M Taylor
"THAT LPRCA correspondence dated August 29,2006 approving the request to extend
the deadline for review of the proposed fee schedule be received for information."
Disposition: Motion Carried
Council Minutes -235 - September 7, 2006
(h) Correspondence dated September 5, 2006 from Duncan Sinclair regarding environmental project
with East Elgin Secondary Environmental•Project. (Not available at time of printing)
File: A16
2006-518 Moved by M Taylor
Seconded by C Evanitski
"THAT correspondence dated September 5,2006 from Duncan Sinclair regarding the
East Elgin Secondary Environmental Project be received;
AND THAT the Municipality provide up to $1,500 for disposal of tires recovered."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report F2006-18 regarding Trailer Parks Water/Sewer Billings (deferred)
File: F05.06
(b) Staff Report F2006-23 regarding Asset Management
File: F
2006-519 Moved by P Ens
Seconded by C Evanitski
"THAT Item 9.2(b) be deferred to the In Camera session."
Disposition: Motion Carried Unanimously
(c) Staff Report PR2006-08 regarding Property/Road Matters— 1 King Street. (deferred)
File: LO8
(d) LPRCA correspondence dated July 24, 2006 regarding Proposed Fee Schedule. (deferred)
File: A16
Council Minutes -236- September 7,2006
MOTION TO EXTEND LENGTH OF MEETING
2006-520 Moved by P Ens
Seconded by C Evanitski
"THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall
deal with business until 11:59 p.m. at its meeting of September 7, 2006."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
I. CORRESPONDENCE&REPORTS
(a) Quarterly Report for the Bayham Water Distribution System for the period ending June 30,2006
File: E08
2006-521 Moved by P Ens
Seconded by C Evanitski
"THAT the Quarterly Report for the Bayham Water Distribution System for the period
ending June 30,2006 be received for information."
Disposition: Motion Carried Unanimously
(b) Quarterly Report for the Bayham Small Non-Residential Wells for the period ending June 30,
2006.
File: E08
2006-522 Moved by C Evanitski
Seconded by P Ens
"THAT the Quarterly Report for the Bayham Small Non-Residential Wells for the
period ending June 30,2006 be received for information."
Disposition: Motion Carried Unanimously
(c) Port Burwell Wastewater Treatment Plant Annual Compliance Summary
File: E05
Council Minutes - 237 - September 7, 2006
2006-523 Moved by C Evanitski
Seconded by P Ens
"THAT Port Burwell Wastewater Treatment Plant Annual Compliance Summary for the
period ending June 30,2006 be received for information."
Disposition: Motion Carried Unanimously
(d) Ministry of the Environment correspondence dated July 26, 2006 regarding Application of
Biosolids in Municipalities.
File: E07
2006-524 Moved by M Taylor
Seconded by P Ens
"THAT the Ministry of the Environment correspondence dated July 26, 2006 regarding
Application of Biosolids in Municipalities be received for information."
Disposition: Motion Carried Unanimously
(e) Staff Memorandum dated August 11, 2006 regarding Tree Planting-Sewage Treatment Plant.
(deferred)
File: E04
(f) Correspondence from Elgin Area Primary Water Supply System dated August 25, 2006
regarding a Joint Lake Huron/Elgin Area Meeting and 2007 Current Operating& Capital
Budget.
File: E08
2006-525 Moved by P Ens
Seconded by C Evanitski
"THAT correspondence from Elgin Area Primary Water Supply System dated August 25,
2006 regarding the Joint Lake Huron/Elgin Area meeting and 2007 Current Operating&
Capital Budget be received for information."
Disposition: Motion Carried Unanimously
Council Minutes -238 - September 7, 2006
11. COMMITTEE OF THE WHOLE
2006-526 Moved by P Ens
Seconded by C Evanitski
"THAT the Council do now rise to enter into an"In Camera" Session of Committee of the
Whole to discuss:
a personal matters about an identifiable individual,including municipal or local
board employees;
❑ labour relations or employee negotiations."
Disposition: Motion Carried Unanimously
2006-527 Moved by M Taylor
Seconded by C Evanitski
"THAT the Committee of the Whole do now rise from the"In Camera" session."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Staff Report H2006-0l 1 regarding a confidential personal matter. (deferred)
File: H
(b) Confidential correspondence received August 23, 2006 regarding a personal matter.
File: HO
2006-528 Moved by M Taylor
Seconded by P Ens
"THAT the resignation of Eric Bailey from the Bayham Fire Department be accepted with
regret."
Disposition: Motion Carried Unanimously
(c) Verbal report regarding confidential employee negotiations. (deferred)
(d) Staff Report F2006-23 regarding Asset Management. (deferred)
File: F
Council Minutes - 239 - September 7, 2006
12. BY-LAWS
By-law Z528-2006 A By-law to Further Amend Zoning By-law Z456-2003
(Underhill)
By-law 2006-071 A By-law to Authorize Execution of a Development Agreement
(Griesbach)
By-law 2006-079 A By-law to Authorize Execution of a Site Plan Agreement(Ball)
By-law 2006-080 A By-law to Authorize Execution of a Site Plan Agreement
(Underhill)
By-law 2006-081 A By-law to amend 2005-108 appointing a Livestock Valuer
By-law 2006-082 A By-law to adopt a Collections Management Policy
By-law 2006-083 A By-law to adopt an Interpretation and Education Policy
By-law 2006-084 A By-law to confirm all actions of Council
2006-529 Moved by C Evanitski
Seconded by P Ens
"THAT By-laws Z528-2006,2006-071,2006-079,2006-080,2006-081,2006-082 and
2006-083 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
2006-530 Moved by P Ens
Seconded by C Evanitski
"THAT confirming By-Iaw 2006-084 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2006-531 Moved by C Evanitski
Seconded by P Ens
"THAT the meeting be adjourned at 11:59 p.m."
Disposition: Motion Carried Unanimously
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MAY CLERK
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