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