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HomeMy WebLinkAboutNovember 02, 2006 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday November 2,2006 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, Deputy Mayor Mathew Schafer, Councillors Mark Taylor, Paul Ens and Cliff Evanitski, Administrator Kyle Kruger and Clerk Lynda Millard. Drainage Superintendent Dwayne Daniel and Fire Chief Paul Groeneveld were in attendance to present their respective reports. The Clerk vacated Chambers during the closed session. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p. m. 2. THERE WAS NO DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. APPROVAL OF MINUTES Minutes of the Regular Meeting of Council held October 19, 2006 2006-614 Moved by C Evanitski Seconded by M Schafer "THAT the minutes of the regular meeting of Council held October 19,2006 be approved as circulated." Disposition: Motion Carried ADDITION OF AGENDA ITEM 2006-615 Moved by M Taylor Seconded by C Evanitksi "THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Memorandum regarding Tenders- East Beach Washroom Facilities be added to the agenda as item 9.1(k)." Disposition: Motion Carried Unanimously 4. DELEGATIONS None Council Minutes - 276 - November 2, 2006 5. INFORMATION ITEMS 2006-616 Moved by C Evanitski Seconded by M Taylor "THAT information items 5(a) through 5(j),except 5(f) be received for information." Disposition: Motion Carried Unanimously 2006-617 Moved by M Taylor Seconded by P Ens "WHEREAS Canada Post is a Crown corporation that is mandated by law to provide basic customary postal service while operating on a financially self-sustaining basis. WHEREAS Crown corporations like Canada Post have both public and commercial activities, but are distinct from commercial enterprises in that they are designed to serve the public interest,not maximize profit. WHEREAS the federal government has asked Canada Post to act like a commercial enterprise that generates commercial profits and dividends. WHEREAS Canada Post has responded by stating that it is a commercial enterprise with a business mandate and that it must focus on its major customers. WHEREAS millions of dollars that people pay in postage are now directed towards providing Canada Post with commercial profits ($199 million in 2005) and the federal government with Iucrative dividends ($59 million in 2005) instead of being used to improve public postal service. WHEREAS the goal of commercial profits and dividends is at odds with the corporation's legislative mandate to provide public postal service and its public policy objective, as a Crown corporation,to serve the public interest. BET IT RESOLVED THAT the Municipality of Bayham write to Lawrence Cannon,the Minister Responsible for Canada Post and request that the federal government: 1. Change the financial and policy framework it uses to set targets for Canada Post so that the corporation does not have to provide commercial profits and dividends. 2. Instruct Canada post to act like a public service,not a commercial enterprise,by using more of its profits on public postal services,including maintaining and expanding home mail delivery in rural and urban areas." Disposition: Motion Carried Unanimously Council Minutes - 277 - November 2, 2006 (a) AMO Member Communication FYI and Alerts dated October 16, 2006 regarding"Citizenship & Immigration" and October 19, 2006 regarding"Bill 43 The Clean Water Act Receives Third Reading"and"Ontario Power Authority Hosting Webcasts for those interested in the Renewable Energy Standard Offer Program(RESOP)"and October 20, 2006 regarding"Passage of Access to Justice Act may help solve lack of JPs" and October 24, 2006 regarding"Government Announces Recruitment for Third Standard Development Committee Under the AODA, 2005" and"New Regulation Addresses Paramedic Meal Break Issue"and"Government Announces Public Review of the Customer Service Standards under the Accessibility for Ontarians with Disabilities Act." File: A01 (b) Ministry of Municipal Affairs and Housing News Release dated October 19, 2006 regarding "Ontario Providing More Tools to Support Sustainable Communities"and October 20, 2006 regarding"Residential Tenancies Act Takes Effect January 31, 2007." File: M06 (c) Bayham Health& Safety Committee Minutes of Meeting held on September 19, 2006. File: C06 (d) Correspondence from the Ontario Good Roads Association dated October 5, 2006 regarding nominations for the Board of Directors." File: A01 (e) Fall 2006 Issue of the Carolinian Canada Newsletter. File: M07 (f) Correspondence from the Canadian Union of Postal Workers dated October 16,2006 regarding the moratorium on post office closures and rural delivery. File: A16 (g) Correspondence from AMCTO regarding Municipality of Powassan Resolution. File: A01 (h) Correspondence from Pitch-In Ontario dated October 2006 regarding Pitch-In Canada Week and the benefits of becoming a Pitch-In Patron. File: A01 (i) Correspondence from the Ministry of Agriculture,Food and Rural Affairs dated October 12, 2006 regarding the Premier's Award for Agri-Food Innovation Excellence. (to be forwarded to local agricultural supply/service outlets) File: A16 (j) October 2006 issue of the Environmental Compliance Insider Newsletter. File: E05 6. PLANNING, DEVELOPMENT,RECREATION & TOURISM No items Council Minutes -278 - November 2, 2006 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Correspondence from Branch 524 of the Royal Canadian Legion dated October 14, 2006 regarding Remembrance Day parade and service in Port Burwell and service in Vienna. File: T09 2006-618 Moved by C Evanitski Seconded by P Ens "THAT correspondence from Branch 524 of the Royal Canadian Legion dated October 14, 2006 regarding the Remembrance Day parade in Port Burwell be received; THAT the Municipality of Bayham grants permission to use Robinson and Pitt Streets in Port Burwell for the annual Armistice Parade, subject to providing proof of liability insurance coverage; THAT the Council of the Municipality of Bayham request permission from the County of Elgin to use Wellington Street in Port Burwell between 1:45 p.m. and 2:30 p.m. for the Armistice Day Parade on Sunday November 5,2006; THAT the Public Works Superintendent be directed to make the necessary arrangements for traffic control and safety; THAT Council authorizes the Legion to conduct the annual Poppy Campaign in Bayham; AND THAT Council authorizes a donation toward the placement of wreaths at the Port Burwell and Vienna cenotaphs in the amount of$75 each." Disposition: Motion Carried Unanimously (b) Correspondence from Shirley Biro dated October 19, 2006 regarding Straffordville annual Santa Claus Parade. File: T09 2006-619 Moved by M Schafer Seconded by P Ens "THAT the Council of the Municipality of Bayham approves the request by the Straffordville Santa Claus Parade Committee for permission to use streets within Straffordville for the Parade to be held Saturday December 9,2006 at 10:30 a.m., subject to the provision of proof of liability insurance coverage; THAT OId Chapel Street be temporarily closed during the parade; Council Minutes - 279 - November 2, 2006 THAT the County of Elgin be requested for permission to use Plank Road and Heritage Line between at 10:30 and 11:30 a.m. for the parade; AND THAT the Bayham Public Works Superintendent be directed to provide the necessary provisions for traffic control and safety." Disposition: Motion Carried Unanimously (c) Staff Report DR2006-022 regarding the Godo Municipal Drain—Norfolk County Report filed. File: E09 2006-620 Moved by P Ens Seconded by C Evanitski "THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Notice of Drainage Works and amended Engineer's Report Project#04-057 for the drainage works of the Godo Drain, affecting the former CPR rail lands and known as the Otter Valley Utility Corridor; THAT Staff Report DR2006-022 regarding the status of drainage work for the Godo Municipal Drain be received; AND THAT Council acknowledges that only municipal owned lands are assessed in the engineer's report, and accordingly there is no need to mail out Public Notices." Disposition: Motion Carried Unanimously (d) Staff Report DR2006-023 regarding Bayham—Norfolk County Drains. File: E09 2006-621 Moved by P Ens Seconded by C Evanitski THAT Staff Report DR2006-023 regarding the municipal drains located between the boundaries of Norfolk County and the Municipality of Bayham be received; THAT Council accepts Norfolk County's proposal to have the following municipal drains known as: ❑ Burwellville Municipal Drain ❑ Norfolk Bayham Townline Municipal Drain ❑ Coyle Municipal Drain ❑ Jacko Municipal Drain ❑ Winter(Houghton) Municipal Drain ❑ Friessen Municipal Drain included in Norfolk County's regular maintenance program; Council Minutes - 280 - November 2, 2006 AND THAT Municipal Staff be directed to communicate this acceptance to Norfolk County's Drainage Department." Disposition: Motion Carried Unanimously (e) Staff Report DR2006-024 regarding Bayham Municipal Drain Up-date. File: E09 2006-622 Moved by C Evanitski Seconded by P Ens "THAT Staff Report DR2006-024 regarding an up-date on various municipal drainage works be received for information." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES L CORRESPONDENCE&REPORTS (a) Staff Report P2006-027 regarding 2007 Canine Control Services/Contract. File: P14 2006-623 Moved by C Evanitski Seconded by P Ens "THAT Staff Report P2006-027 regarding Canine Control services be received; AND THAT Council accepts the proposal submitted by Rodger Martin for Canine Control/Pound Keeper Services; AND THAT By-law#2006-097 being a by-law to authorize the Mayor and Clerk to execute a contract agreement with Rodger Martin for Canine Control/Pound Keeper Services be present to Council for enactment." Disposition: Motion Carried Unanimously (b) Staff Report P2006-028 regarding 2007 Dog License Agent Contract. File: P14 Council Minutes - 281 - November 2, 2006 2006-624 Moved by P Ens Seconded by C Evanitski "THAT Staff Report P2006-028 regarding Dog License Agent services for 2007 be received; THAT Council accepts the proposal submitted by Rodger Martin for 2007 Dog License Agent; AND THAT By-law#2006-098 being a by-law to authorize the Mayor and Clerk to execute a contract agreement with Rodger Martin for 2007 Dog License Agent services,be presented to Council for enactment." Disposition: Motion Carried Unanimously (c) Staff Report P2006-025 regarding Fire Department/CEMP/By-Law 3th Quarter Report File: P16 2006-625 Moved by P Ens Seconded by M Taylor "THAT Staff Report 2006-025 regarding the Fire Department,Emergency Management and By-Iaw Enforcement Programs for the 3rd Quarter 2006 (July lst—September 30th) be received for information" Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION& PERSONNEL .1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 1398 to Cheque# 1477 totaling$ 199,309.64 and Cash Requirements for the period ending October 26th and Payroll Disbursements for the period ending October 22nd totaling$ 69,513.78 2006-626 Moved by M Taylor Seconded by P Ens "THAT Cheque Register being Cheque# 1398 to Cheque# 1477 totaling $ 199,309.64 and Cash Requirements for the period ending October 26th and Payroll Disbursements for the period ending October 22°d totaling$ 69,513.78 be approved." Disposition: Motion Carried Unanimously Council Minutes -282 - November 2, 2006 (b) Correspondence from the County of Elgin dated October 24,2006 regarding the replacement of a member on the Elgin County Land Division Committee. File: A16 2006-627 Moved by M Taylor Seconded by C Evanitski "THAT correspondence from the County of Elgin dated October 24,2006 regarding the replacement of a member on the Elgin County Land Division Committee be deferred." Disposition: Motion Carried Unanimously (c) Draft By-Law 2006-100 to establish a finance policy for Museums Bayham and draft By-Law #2006-101 to establish a staff training policy for Museums Bayham. (deferred) (d) Draft By-Law 2006-102 to further amend by-law 2006-005 a by-law appointing members to boards and committees of the municipality. 2006-628 Moved by M Taylor Seconded by P Ens "THAT By-Law 2006-102,being a by-law to further amend appointments By-law 2006-005 be presented to Council for enactment." Disposition: Motion Carried Unanimously (e) Draft By-Laws 2006-103, 2006-104, 2006-105, 2006-106 and 2006-107 for the renewal of contracted winter control services agreements. 2006-629 Moved by P Ens Seconded by M Schafer "THAT By-Laws 2006-103, 2006-104,2006-105,2006-106 and 2006-107, being by-laws to authorize the renewal of winter control services agreements with Laemers Trucking, Ken Sproul's Lawn Maintenance, Underhill Farms Limited, Thomas Wilson and Ron Genetello Property and Building Maintenance, respectively,be presented to Council for enactment." Disposition: Motion Carried Unanimously (f) Draft By-Law 2006-108 to authorize the renewal of an agreement between the Municipality of Bayham and Jacqueline Bootle for management of the Vienna Community Centre. Council Minutes - 283 - November 2, 2006 2006-630 Moved by C Evanitski Seconded by P Ens "THAT By-Law 2006-108,being a by-law to authorize the renewal of an agreement with Jacqueline Bootle for Vienna Community Centre management services be presented to Council for enactment." Disposition: Motion Carried Unanimously (g) Draft By-Laws 2006-109 and 2006-110 to authorize the renewal of an agreement between the Municipality of Bayham and Ramona Peidl for the provision of janitorial services at the Vienna and Bayham(Straffordville) Community Centres. 2006-631 Moved by M Taylor Seconded by C Evanitski "THAT By-Laws 2006-109 and 2006-110, being by-laws to authorize the renewal of agreements with Ramona Peidl for the provision of janitorial services at the Vienna and Bayham(Straffordville) Community Centres, respectively, be presented to Council for enactment." Disposition: Motion Carried Unanimously (h) Draft By-Law 2006-099 to amend by-law No. 2002-98, a by-law to adopt a non-union personnel policy. It was agreed that the By-law be amended to delete Item 3 regarding Section 5.2, Retirement. 2006-632 Moved by M Schafer Seconded by C Evanitski "THAT By-Law 2006-099, as amended, being a by-Iaw to amend By-law 2002-98, a by-law adopting a non-union personnel policy, be presented to Council for enactment." Disposition: Motion Carried Unanimously (i) Edison Museum of Vienna Building Committee draft minutes of meeting held on October 23, 2006. File: C06 Council Minutes - 284 - November 2, 2006 2006-633 Moved by M Schafer Seconded by C Evanitski "THAT the Council of the Municipality of Bayham approves the Edison Museum of Vienna New Facility Feasibility Study RFP as submitted by Vilnis Design Works; AND THAT Council supports the application prepared and submitted to Cultural Spaces Canada for funding assistance to proceed with the Feasibility Study." Disposition: Motion Carried Unanimously (j) Staff Report PR2006-11 regarding an encroachment agreement for 56 Victoria Street. File: L04 2006-634 Moved by M Taylor Seconded by M Schafer "THAT By-law No. 2006-111, being a by-law to authorize the execution of an encroachment agreement with Jeffrey Rastel regarding property at 56 Victoria Street, be presented to Council for enactment." Disposition: Motion Carried Unanimously ADDED ITEM (k) Staff Memorandum regarding tenders received for the East Beach Washroom Facilities. (All were in excess of the budgeted amount). 2006-635 Moved by M Schafer Seconded by M Taylor "THAT Council recommend to the incoming Council that the scope of work for the beach washroom facility be amended and the project re-tendered." Disposition: Motion Carried Unanimously 10. ENVIRONMENT I. CORRESPONDENCE&REPORTS (a) Correspondence from Dillon Consulting dated October 23, 2006 regarding Wind Resource Assessment and Feasibility Study for the Elgin Area Water Treatment Plant. File: D00 Council Minutes -285 - November 2, 2006 2006-636 Moved by M Schafer Seconded by C Evanitski "THAT correspondence from Dillon Consulting dated October 23, 2006 regarding the Wind Resource Assessment and Feasibility Study for the Elgin Area Water Treatment Plant be received; AND THAT Council supports the use of renewable energy sources and look forward to the energy and environmental benefits." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE I. CORRESPONDENCE&REPORTS 2006-637 Moved by M Taylor Seconded by M Schafer "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." Disposition: Motion Carried Unanimously 2006-638 Moved by M Schafer Seconded by P Ens "THAT the Committee of the Whole do now rise from the"In Camera" session." Disposition: Motion Carried Unanimously (a) Confidential correspondence regarding a personal matter. File: HO 12. BY-LAWS By-law 2006-100 A By-law to establish a finance policy for Museums Bayham (No action) By-law 2006-101 A By-law to establish a staff training policy for Museums Bayham (No action) Council Minutes - 286 - November 2, 2006 By-law 2006-097 A By-law authorizing the execution of an agreement for Canine Control Services (Rodger Martin) By-law 2006-098 A By-law authorizing execution of an agreement for Dog License Agent Services By-law 2006-099 A By-law to adopt a non-union personnel policy By-law 2006-102 A By-law to further amend By-law 2006-005 appointing members to boards and committees of the municipality. By-law 2006-103 A By-law for the renewal of the provision of contract winter control services in the Municipality of Bayham with Laemers Trucking By-law 2006-104 A By-law for the renewal of the provision of contract winter control services in the Municipality of Bayham with Ken Sproul's Lawn Maintenance By-law 2006-105 A By-law for the renewal of the provision of contract winter control services in the Municipality of Bayham with Underhill Farms Limited By-law 2006-106 A By-law for the renewal of the provision of contract winter control services in the Municipality of Bayham with Thomas Wilson By-law 2006-107 A By-law for the renewal of the provision of contract winter control services in the Municipality of Bayham with Ron Genetello Property and Building Maintenance By-law 2006-108 A By-law to authorize the renewal of an agreement between the Municipality of Bayham and Jacqueline B. Bootle for management of the Vienna Community Centre By-law 2006-109 A By-law to authorize the renewal of an agreement between the Municipality of Bayham and Ramona Peidl for the provision of janitorial services at the Vienna Community Centre By-law 2006-110 A By-law to authorize the renewal of an agreement between the Municipality of Bayham and Ramona Peidl for the provision of janitorial services at the Bayham (Straffordville) Community Centre By-law 2006-111 A By-law authorizing the execution of an encroachment agreement with Rastel By-law 2006-112 A By-law confirming all actions of Council Council Minutes • 287 November 2, 2006 2006-639 Moved by P Ens Seconded by M Taylor "THAT By-laws 2006-097,2006-098, 2006-099,2006-102,2006-103,2006-104, 2006-105, 2006-106,2006-107, 2006-108,2006-109, 2006-110 and 2006-111 be read a first, second and third time and fmaIly passed." Disposition: Motion Carried Unanimously 2006-640 Moved by M Taylor Seconded by C Evanitski "THAT confirming By-law 2006-112 be read a first, second and third time and fmally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2006-641 Moved by C Evanitski Seconded by P Ens "THAT the meeting be adjourned at 10:20 p.m." mde,14--) Otil7 CLERK Date Approved: y_o-y-61 k ,2.5°Zop 4