HomeMy WebLinkAboutJanuary 12, 2006 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday January 12,2006
7:00 p.m.
8:00 p.m.Public Meeting—Henry Street Drainage
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, Chief Building Official/Drainage Superintendent Dwayne Daniel and Fire Chief Paul
Groeneveld were in attendance to present their respective reports.
1. CALL TO ORDER Mayor Lynn Acre called the meeting to order at 7:00 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST &THE GENERAL NATURE
THEREOF Councillor Evanitski and Deputy Mayor Schafer declared conflicts regarding
item 8.1(0 advising that they were members of the organization. Neither took part in discussion
nor voted on the matter.
3. APPROVAL OF MINUTES
Minutes of the Regular Meeting of Council held December 15,2005
2006-001 Moved by M Schafer
Seconded by P Ens
"THAT the minutes of the regular meeting of Council held December 15,2005 be amended
as follows:
1. Item 7.1(c)wording in resolution"Peters Drain,in Lot 5"be deleted and"Bartley Drain
—Branch"C",in Lot 6"be inserted;
2. Item 7.1(d) wording in resolution"Report for the Peters Municipality Drain, as
prepared by the Engineer,Spriet Associates on November 25,2005"be deleted and
"Report No.204237 for the Corinth Drain,Henry Street Branch,prepared by the
Engineer,Spriet Associates,on November 30,2005" be inserted;
AND THAT the minutes be approved,as amended."
Disposition: Motion Carried Unanimously
2006-002 Moved by C Evanitski
Seconded by M Schafer
"THAT in accordance with Section 21 of Procedural By-law 2002-93, correspondence from
John Tippet re: proposed ferry service be added to the agenda as item 6.1 (i) respectively."
Disposition: Motion Carried Unanimously
Council Minutes -2 - January 12, 2006
4. DELEGATIONS
7:05 p.m.—Anne Kenny,representative,the Community Transition Program,was in attendance.
She advised that the Fund is part of a$50 million initiative of the Province of Ontario designed to
assist Ontario's tobacco growers and their communities. $35 million was provided in April 2005
to the Ontario Flue-Cured Tobacco Growers' Marketing Board to assist growers who wished to
exit the industry. She added that the Municipality may apply for project funding,that no dollars
have yet been allocated, and to be considered, she encouraged Council to submit an application
soon. Item 6.1(a)
5. INFORMATION ITEMS
2006-003 Moved by C Evanitski
Seconded by P Ens
"THAT items 5(a)through 5(y)be received for information."
Disposition: Motion Carried Unanimously
(a) Invitation to information session on the creation of new affordable housing in Elgin County and
St. Thomas.
File: A01
(b) Federation of Canadian Municipalities correspondence dated December 20,2005 and January 5,
2006 regarding"Make Issues Matter in this Election Campaign"and"Ask Your Candidate to
take the National Election Check-up on Municipal Issues".
File: A16
(c) Straffordville Cemetery Board draft minutes of meeting held December 14, 2005.
File: C06
(d) Otter Valley Utility Corridor&Recreation Trail Board of Management draft minutes of meeting
held November 16,2005
File: C06
(e) Correspondence dated January 3,2006 from Members of the Eden&Area Community Centre
regarding appreciation for support.
File: C13
(f) Association of Municipalities of Ontario correspondence dated December 14, 15, 16, 19 and 22,
2005 regarding"MMAH Introduces Proposed Amendments to Planning Act and the Ontario
Municipal Board", "OMERS—Bill 206 Receives Second Reading and Heads Back to Standing
Committee","December Federal Gas Tax Implementation Update","Notice of Public Hearings:
Bill 206-OMERS", "AMO Report to Members on December MOU Meeting","AMO's Proposal
for Integrated Provincial Waste Management Strategy Now Online","End of Session Status on
Legislation Relating to Municipal Governments","AMO Fact Sheet—December 2005 edition",
AMO Annual conference and Energy Reduction Workshop information. (Council requested staff
to attend the Energy Workshop)
File: A01/A04
(g) Edison Museum of Vienna draft minutes of meeting held November 7,2005.
File: C06
Council Minutes - 3 - January 12, 2006
(h) Port Burwell Marine Museum draft minutes of meeting held December 6,2005 and Annual
Report.
File: C06
(i) Cohen Highley invitation to breakfast seminar—Ontario's Brave New World: Municipal
Challenges and Opportunities in 2006. (Mayor Acre requested to be registered for this session)
File: A04
(j) OPP and Elgin County responses dated December 29,2005 and January 4,2006 to concerns
raised by Roy&Nancy Gardner on Heritage Line east of Stra.ffordville.
File: A16/P17
(k) Ministry of the Environment correspondence dated December 6 and 22, 2005 regarding Clean
Water Act,2005 and Funding Available for Technical Studies on Municipal Residential Drinking
-Water Systems.
File: A16
(1) Ministry of Municipal Affairs&Housing correspondence dated December 14 and 20,2005
regarding passage of the"Respect for Municipalities Act,2005"and"Bill 206: Ontario Municipal
Employees Retirement System Act.
File: A16
(m) Ministry of Labour news release dated December 12,2005 regarding"Countdown begins to end
of Mandatory Retirement in Ontario".
File: M06
(n) Ontario Good Roads Association correspondence dated December 21, 2005 regarding"Federal
Gas Tax Revenue and Using it for Road and Bridge Projects".
File: A01
(o) Coalition for Small Schools press release faxed December 14,2005 regarding"A New Way of
Thinking: A New Formula for Rural High Schools".
File: M06
(p) Correspondence from Steve Peters dated December 9 and 16,2005 Bill 123, Transparency in
Public Matters Act, ferry service proposal and funding for HELP for Clean Water project.
File: A16
(q) Ontario Conservation Officers Association correspondence received December 20,2005
regarding membership.
File: A01
(r) Ministry of Government Services correspondence dated December 19,2005 responding to our
letter regarding eligibility of municipal museums and public libraries for charitable lottery
licensing.
File: A16
(s) St.Thomas—Elgin Tourist Association correspondence dated December 28,2005 regarding
membership and 2005 Tear in Review&2006 Marketing Plan.
File: A01
Council Minutes - 4 - January 12, 2006
(t) Alzheimer Society Elgin-St. Thomas Walk for Memories&Dementia Journey information.
File: A01
(u) Elgin St.Thomas Health Unit"Lifestyle Link"Newsletter December 2005 edition.
File: M07
(v) Hydro One Networks Inc. correspondence dated December 8, 2005 regarding"Hydro One Home
Energy Efficiency Grant/Community Connections Newsletter.
File: A01/M07
(w) Elgin Group Police Services Board Detachment Commander's Report September—November
2005.
File: P17
(x) Ministry of Citizenship&Immigration correspondence dated December 2005 regarding various
Ontario Volunteer Awards. (Council requested the nomination form be completed recognizing
the Bayham Volunteer Award recipients and brought back at the next meeting for support and
submission.)
File: M02
(y) Communities in Bloom invitation to participatecorrespondence dated November 30,2005.
File: M02
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Community Transition Program Guidelines information provided by the Elgin Community
Futures Development Corporation.
File: Fll
2006-004 Moved by C Evanitski
Seconded by P Ens
"THAT the Community Transition Program Guidelines provided by the Elgin Community
Futures Development Corporation be received for information."
Disposition: Motion Carried Unanimously
(b) Ministry of Municipal Affairs&Housing correspondence dated December 9, 2005 regarding
Status of Decision on Bayham Community Improvement Plan.
File: D18CIP
2006-005 Moved by M Schafer
Seconded by P Ens
"THAT the Ministry of Municipal Affairs and Housing correspondence dated December 9,
2005 regarding Status of Decision on Bayham Community Improvement Plan be received
for information."
Disposition: Motion Carried Unanimously
Council Minutes - 5 - January 12, 2006
(c) Staff Report D2006-001 regarding Erdt Severance application.
File: D10
2006-006 Moved by M Taylor
Seconded by C Evanitski
"THAT Staff Report D2006-001 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E119/05 be approved subject to:
1. $500 cash-in-lieu payment to the Municipality for one created lot;
2. the severed parcel being brought into conformity with the Village Residential(R1)
zoning regulations regarding front yard depth and side yard width; and
3. a copy of the final survey be provided to the municipality."
Disposition: Motion Carried Unanimously
(d) Staff Report D2006-002 regarding Ball Severance application.
File: D10
2006-007 Moved by P Ens
Seconded by M Taylor
"THAT Staff Report 1)2006-002 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E113/05 be approved subject to:
1. $500 cash-in-lieu payment to the Municipality for one created Iot;
2. rezoning of the severed parcel to Site-specific Rural Residential(RR xx);
3. rezoning of the retained parcel to Site-specific Special Agriculture(A2-xx); and
4. a copy of the final survey be provided to the municipality."
Disposition: Motion Carried Unanimously
(e) Staff Report D2006-003 regarding Vanquaethem Development Agreement.
File: D10/L04
2006-008 Moved by C Evanitski
Seconded by M Taylor
"THAT By-law No. 2006-006, being a by-law to authorize the execution of a Development
Agreement with Steve Vanquaethem be presented to Council for enactment;
AND TIIAT the zoning on those lands owned by Steve Vanquaethem in Part Lot 23,
Concession 9,Parts 1,2 and 3 of Registered Plan 11R8326 be changed from Hamlet
Residential—Holding (HR-h) to Hamlet Residential (HR);
AND THAT Zoning By-law Z518-2006 be presented for enactment.""THAT the
Community Transition Program Guidelines provided by the Elgin Community Futures
Development Corporation be received for information."
Disposition: Motion Carried
Council Minutes - 6 - January 12, 2006
(f) Staff Report C2006-00l regarding BCHAC Family Health Team Project Update.
File: S08.06
2006-009 Moved by C Evanitski
Seconded by M Schafer
"THAT Staff Report C2006-001 be received;
AND THAT Council defer discussion of names of persons to be submitted for consideration
for appointment to the East Elgin Family Health Team Inc.Board of Directors to the"In
Camera Session of Committee of the Whole."
Disposition: Motion Carried Unanimously
(g) Staff Report D2006-006 regarding Southern Ontario Orthophotography Project.
File: DOO/L04
2006-010 Moved by C Evanitski
Seconded by M Taylor
"THAT Council approve participation in the Southern Ontario Orthophotography Project
in accordance with the Partner Agreement attached to Report D2006-006, and the proposal
from First Base Solutions be accepted as recommended by the evaluation committee,
subject to final contract negotiations and the signing of a suitable agreement."
Disposition: Motion Carried Unanimously
(h) Staff Report D2006-005 regarding Wind Farm Road Use Agreements.
File: L04
2006-011 Moved by M Schafer
Seconded by P Ens
"That Road Use By-laws No. 2005-127 and 2005-128, as amended, be presented to Council
for enactment."
Disposition: Motion Carried Unanimously
(i) Correspondence from John Tippel received January 6, 2006 regarding ferry service proposal.
2006-012 Moved by C Evanitski
Seconded by P Ens
"THAT the correspondence from John Tippel be received;
AND THAT a Public Meeting he held in Port Burwell to provide public input in February
or March in regard to the potential ferry service."
Disposition: Motion Carried Unanimously
Council Minutes - 7 - January 12, 2006
7. ROADS,AGRICULTURE &DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report DR2006-02 regarding Eden Municipal Drain—West Branch,Extension"A",petition
submitted by Steven VanQuaethem.
File: E09
2006-013 Moved by P Ens
Seconded by M Schafer
"THAT the Council of the Municipality of Bayham acknowledges the filing of the Petition
for drainage works on Eden Municipal Drain,West Branch,Extension"A", with the Clerk
on January 3,2006.
AND THAT Council agrees to proceed and appoints Spriet Associates,Engineers,to
prepare a preliminary report on the proposed drainage area,pursuant to Section 5 of the
Drainage Act.
AND THAT Staff be directed to mail Notices for the"On-Site Meeting"to be held with the
engineers,to all persons assessed to this drainage works,in accordance with the Drainage
Act."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2006-014 Moved by M Schafer
Seconded by M Taylor
"THAT the Council meeting be adjourned to hold a Public Meeting,pursuant to provision
of the Drainage Act."
Disposition: Motion Carried Unanimously
1. Application:
(a) 8:00 p.m.-Consideration of Engineer Report 204237 dated November 25,2005,prepared by
Spriet Associates regarding the"Corinth Drain Henry Street Branch".
File: E09
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Engineer/Staff Presentation
Staff Report DR20060-001 and Engineer Report 204237 were presented by the Drainage
Superintendent and Engineer John Spriet,respectively.
4. Public Comments None
Council Minutes - 8 - January 12, 2006
5. Council Comments and Questions None
6. Disposition of Item
2006-015 Moved by P Ens
Seconded by M Schafer
"THAT in accordance with Chapter 14, Sections 44 to 46 of the Drainage Act, Council of
the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report
#204237 dated November 25,2005,and referred to as the"Corinth Drain—Henry Street
Drain"report;
AND THAT Provisional By-law No.2006-004 be given first and second reading;
AND THAT a date of February 2,2006 be set for the first sitting of the Court of Revision;
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."
Disposition: Motion Carried Unanimously
7. Adjournment
2006-016 Moved by P Ens
Seconded by M Schafer
"THAT the Public Meeting be adjourned at 8:15 p.m."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Building Permit Report for the month ending December 31,2005.
File: P10
2006-017 Moved by M Schafer
Seconded by C Evanitski
"THAT the Building Permit Report for the month ending December 31,2005 be received
for information."
Disposition: Motion Carried Unanimously
(b) Staff Memorandum dated January 3,2006 regarding Bill 2—Home Fire Sprinkler Act,2005.
File: P16
Council Minutes - 9 - January 12, 2006
2006-018 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Memorandum dated January 3,2006 regarding Bill 2—Home Fire Sprinkler
Act,2005 be received for information."
Disposition: Motion Carried Unanimously
(c) Fire Chief Memorandum regarding joint Emergency Operations Centre(EOC) education and
training session to be held February 2"
File: P03
2006-019 Moved by M Schafer
Seconded by C Evanitski
"THAT the Staff Memorandum from the Fire Chief regarding Joint Emergency Operation
Centre Education&Training Session be received;
AND THAT the Fire Chief be advised Mayor Acre will attend."
Disposition: Motion Carried Unanimously
(d) Staff Report PR2006-01 regarding Request for Conveyance of Lands=Thiessen.
File: T09
2006-020 Moved by M Schafer
Seconded by M Taylor
"THAT the request from Mr.Henry Thiessen to acquire a portion of municipal lands in
Richmond be received."
Disposition: Motion Carried Unanimously
(e) Correspondence dated December 22,2005 from Carl Biro,President,Lions Club of Straffordville
requesting permission to post notice of the annual New Year Dance to be held February 4th at the
Straffordville Community Centre on the Municipal sign.
File: C13
2006-021 Moved by C Evanitski
Seconded by M Schafer
"THAT the correspondence from the Lions Club of Straffordville be received;
AND THAT Council grants permission to use the Municipal Sign to place the notice of the
New Year Dance on February 4th,as requested,subject to municipal needs."
Disposition: Motion Carried Unanimously
Council Minutes - 10 - January 12, 2006
(f) Correspondence dated January 3, 2006 from Ed Ketchabaw, Secretary,Vienna Masonic Lodge
requesting a fee waiver for use of the Vienna Community Centre on February 1st to hold a Stag
Fish Fry.
File: C13
2006-022 Moved by M Taylor
Seconded by P Ens
"THAT the correspondence from the Vienna Lodge be received;
AND THAT Council grants the request for a fee waiver for use of the Vienna Community
Centre on February 1st;
AND THAT the appropriate cleaning fee only apply;
AND THAT an application for municipal assistance be forwarded to Ed Ketchabaw,
Secretary,for completion and return to the Municipality by the February 28th deadline for
consideration during the 2006 budget discussion."
Disposition: Motion Carried
(g) Petition received January 5, 2006 requesting specific parking signage on Wellington Street,Port
Burwell.
File: M04
9. FINANCE,ADMINISTRATION & PERSONNEL
CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque# 11315 to Cheque# 11437 inclusive, except cheques# 11315,
11351 and 11360 totaling$226,189.52, Cash Requirements for the period ending Janiiary 1/06
and Payroll Disbursements for the periods ending December 18th and January 1/06 totaling
$ 85,366.16.
2006-023 Moved by C Evanitski
Seconded by M Schafer
"THAT Cheque Register being Cheque#11315 to Cheque#11437 inclusive,except cheques
#11315, 11351 and 11360 totaling$226,189.52,Cash Requirements for the period ending
January 1/06 and Payroll Disbursements for the periods ending December 186 and January
1/06 totaling$85,366.16 be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report F2006-01 regarding Yearly Update to By-laws.
File: F/C11
Council Minutes - 11 - January 12, 2006
2006-024 Moved by M Schafer
Seconded by P Ens
"THAT By-law 2006-001,being a bylaw to provide for an Interim Tax Levy for 2006,and,
By-Law 2006-002,a By-law to authorize borrowing from time to time to meet current
expenditures during the fiscal year ending December 31,2006,be presented to Council for
enactment."
Disposition: Motion Carried Unanimously
(c) Staff Report F2006-02 regarding Council Remuneration and Expenses.
File: F03.03
2006-025 Moved by C Evanitski
Seconded by P Ens
"THAT Staff Report F2006-02 be received for information."
Disposition: Motion Carried Unanimously
(d) Association of Municipalities of Ontario correspondence received January 3,2006 regarding
membership renewal.
File: F05
2006-026 Moved by C Evanitski
Seconded by P Ens
"THAT Council approves membership renewal with the Association of Municipalities of
Ontario."
Disposition: Motion Carried Unanimously
(e) Bayham Community Economic Development&Tourism Committee draft minutes of meeting
held November 22nd
File: C06
2006-027 Moved by M Taylor
Seconded by P Ens
"THAT the Bayham Community Economic Development& Tourism Committee draft
minutes of meeting held November 22nd be received;
AND THAT Council approves the appointment of Ian Almond as a member of the
Economic Development and Tourism Committee;
AND THAT Council approves the carry forward of unexpended 2005 capital funds to 2006
for Economic Development&Tourism as well as the Edison and Port Burwell Marine
Museums."
Disposition: Motion Carried
Council Minutes - 12 - January 12, 2006
(f) Joint Cemetery Board draft minutes of meeting held November 22,2005 and financial
attachments.
File: C06
2006-028 Moved by P Ens
Seconded by M Taylor
"THAT the draft minutes of the Joint Cemetery Board meeting held November 11,2005 be
received;
AND THAT Council consider the contribution of funds to the land acquisition costs for the
Calton Cemetery during the 2006 budget discussions."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) Stewardship Ontario correspondence dated December 15,2005 regarding Third installment of
2005 Funding for Bayham's Blue Box Recycling Program.
File: E07
2006-029 Moved by.0 Evanitski
Seconded by P Ens
"THAT the Stewardship Ontario correspondence dated December 15,2005 be received for
information."
Disposition: Motion Carried Unanimously
(b) Elgin Area Primary Water Supply System correspondence dated December 16, 2005 regarding
water rates approved effective January 1,2006
File: F05
2006-030 Moved by P Ens
Seconded by C Evanitski
"THAT Elgin Area Primary Water Supply System correspondence dated December 16,
2005 be received for information."
Disposition: Motion Carried Unanimously
2006-031 Moved by M Taylor
Seconded by C Evanitski
"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 January 12,2006."
Disposition: Motion Carried Unanimously
Council Minutes - 13 - January 12, 2006
11. COMMITTEE OF THE WHOLE
2006-032 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;
¢ labour relations or employee negotiations;
Disposition: Motion Carried Unanimously
2006-033 Moved by C Evanitski
Seconded by P Ens
"THAT the Committee of the Whole do now rise from the"In Camera"session."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Staff Report H2006-001 regarding confidential labour negotiations.
File: H07
2. UNFINISHED BUSINESS
(a) Staff Report 112005-002 regarding a confidential personal matter. (from December 1, 2005)
File: H
12. BY-LAWS
By-law 2006—004 A By-law to Provide for Drainage Works(Henry Street—Corinth)
(Provisional B/L- &2"d reading only)
By-law Z518—2006 A By-law to Further Amend Zoning By-law Z456-2003 (Vanquaethem)
By-law 2005— 127 A By-law to Authorize a Road Use Agreement with Carvalho
By-law 2005— 128 A By-law to Authorize a Road Use Agreement with Steyaert
By-law 2006—001 A By-law to Provide for a 2006 Interim Tax Levy
By-law 2006—002 A By-law to Authorize Borrowing for 2006
By-law 2006—006 A By-law to Authorize the Execution of a Development Agreement with
Steve Vanquaethem
Council Minutes - 14 - January 12, 2006
By-law 2006—007 A By-law to confirm all actions of Council
2006-034 Moved by M Schafer
Seconded by M Taylor
"THAT Provisional By-law 2006-004 be read a first and second time."
Disposition: Motion Carried Unanimously
2006-035 Moved by M Taylor
Seconded by C Evanitski
"THAT By-laws 2005-127,2005-128,Z518-2006,2006-001,2006-002,2006-004 and
2006-006 be read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
2006-036 Moved by M Taylor
Seconded by C Evanitski
"THAT confirming By-law 2006-007 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2006-037 Moved by M Taylor
Seconded by C Evanitski
"THAT the meeting be adjourned at 11:00 p.m."
Disposition: Motion Carried Unanimously
MAYOR .A : L j 1_ CLE ' .1. . /4 I
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Date Approved: <-1—e (9-1 Q (o