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HomeMy WebLinkAboutDecember 06, 2007 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 PIank Road, Straffordville Thursday December 6,2007 7:00 p.m. 7:30 p.m. Public Meeting—Planning(Zoning) The regular meeting of the Council of the Municipality of Bayham was held on Thursday, December 6, 2007 in Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Mark Taylor,Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Planning Co-ordinator Margaret Underhill was in attendance to present her 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 Minutes of the Official Plan Review 2007 meeting held September 26, 2007. Minutes of the open and closed sessions of the regular meeting of Council held November 15, 2007. 2007-637 Moved by W Casier Seconded by C Evanitski "THAT the minutes of the official plan review 2007 meeting held September 26, 2007 be approved as circulated." Disposition: Motion Carried Unanimously 2007-638 Moved by E Ketchabaw Seconded by W Casier "THAT the open and closed session minutes of the regular meeting of Council held November 15, 2007 be approved as circulated." Disposition: Motion Carried Unanimously Council Minutes - 305 - December 6, 2007 ADDED ITEMS 2007-639 Moved by W Casier Seconded by E Ketchabaw "THAT in accordance with Section 21 of Procedural By-law 2002-93, a confidential personal matter and County of Elgin item regarding Community Mail boxes be added to the agenda as items 11.1(e) and 9.1(o) respectively." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS 2007-640 Moved by W Casier Seconded by C Evanitski "THAT information items 5(a)through 5(u) be received for information." Disposition: Motion Carried Unanimously (a) Minutes of the Bayham Health& Safety Committee meeting held November 14, 2007. File: C06 (b) Copy of correspondence dated November 23, 2007 from Steve Peters, M.P.P. to Minister of Energy regarding construction of natural gas pipeline through Malahide into Aylmer. File: A16 (c) Correspondence dated November 15, 16, 28 and 30, 2007 from the Association of Municipalities of Ontario regarding"Ontario Consultation of the Canadian Council of Environment Ministers' Draft Canada-wide Strategy for the Management of Municipal Wastewater Effluent", "Developments Coming out of Today's LUMCO Meeting in Oshawa", "AMO and FCM Partnering to Fight Climate Change" and LAS Adds Energy Management Software to Growing List of Energy Services". File: A01 (d) Correspondence dated November 14, 2007 from the Canadian Council of Ministers of the Environment regarding"Notice of Consultation of the Draft Canada-wide Strategy for the Management of Municipal Wastewater Effluent". File: A16 (e) Correspondence dated November 22, 2007 from the Federation of Canadian Municipalities regarding the"Green Municipal Fund" File: A16 Council Minutes - 306 December 6, 2007 (f) Correspondence dated November 12, 2007 from Middlesex Centre regarding "Nomination for Lake Erie Source Protection Committee". File: E00 (g) Correspondence dated November 2007 from Association of Municipalities of Ontario regarding"OMERS Report to Municipal Employers on AMO's Sponsorship Role". File: A01 (h) Correspondence dated November 2007 from Ministry of Agriculture Food and Rural Affairs regarding"Information and Counseling Resources Available for Farm Families Managing Financial Pressures" and"Financial Support Programs". File: A16 (i) Correspondence dated November 16, 19 and 20, 2007 from Ontario Good Roads Association regarding Highlights from the Board of Directors Meetings", "Report of the OGRA Nominating Committee", "Hours of Service: Recommended Municipal Protocol" and"Bridge and Infrastructure Studies Underline the Need for Sustainable Municipal Funding". File: A01 (j) Correspondence from Operation Clean Sweep regarding"Pitch-In Week 2008". File: A01 (k) Invitation from Change'Air to Open House at the facility in Corinth. File: A04 (1) Correspondence from the Ministry of Citizenship and Immigration dated November 23, 2007 regarding"Ontario's volunteer recognition programs for 2008". File: A16 (m) Correspondence dated November 1, 2007 from Ontario Heritage Trust regarding"Doors Open Ontario". File: A01 (n) Correspondence dated November 27, 2007 from the County of Elgin regarding"Election of the 2008 Elgin County Warden on December What 7:00 p.m. File: A16 (o) News Release from Federal NDP Caucus regarding"Layton Calls for Investment in Cities to Close Prosperity Gap for Homeowners". File: A16 (p) Correspondence dated November 22, 2007 from the Grand River Conservation Authority regarding"Notification of Source Protection Committee Membership for the Lake Erie Source Protection Region File: E00 Council Minutes - 307 - December 6, 2007 (q) Correspondence dated November 8, 2007 from the Township of South-West Oxford supporting the ferry service proposal. File: D06 (r) Municipal Property Assessment Corporation correspondence dated November 26, 2007 regarding MPAC Activities. File: A16 (s) Human Resources & Social Development Canada correspondence received December 3, 2007 regarding 2008 Therese Casgrain Awards. File: M02 (t) Play Works correspondence dated November 21, 2007 regarding the Youth Friendly Community Recognition Program. File: A01 (u) Bayham Historical Society draft minutes of meeting held November 8, 2007. File: C06 6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 1. CORRESPONDENCE&REPORTS (a) Staff Report D2007-053 regarding Berzinis Severance E87/07 AMENDED. File: D10.07 2007-641 Moved by W Casier Seconded E Ketchabaw "THAT Staff Report D2007-053 be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E87/07, as amended, submitted by Joseph and Heather Berzinis, be supported subject to: 1. $500 cash in lieu parkland dedication fee 2. rezoning of the severed and retained parcels 3. copy of the final survey submitted to the municipality." Disposition: Motion Carried Unanimously Council Minutes - 308 - December 6, 2007 2007-642 Moved by C Evanitski Seconded by W Casier "THAT the Council meeting be adjourned in order to hold as Public Meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously 2 PUBLIC MEETING 1. 7:30 p.m. —Retoning Application: to change the zoning on 1.2 hectare (3 acre) parcel of land located in Concession 10 Part Lot 15 south of Talbot Line west of Carson Line, from the Agriculture (Al-A) to the Rural Residential (RR) Zone submitted by Brian Graydon. File: D14 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation Staff Report D2007-54 was presented by the Planning Co- ordinator. She noted that the rezoning is a requirement of a severance application. She added that correspondence had been received from the MTO advising that the applicant must obtain an access permit for the existing residential entrance. 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment 2007-643 Moved by W Casier Seconded by E Ketchabaw "THAT the Public Meeting be adjourned at 7:33 p.m.1 Disposition: Motion Carried Unanimously 7. Disposition of Item 2007-644 Moved by W Casier Seconded by C Evanitski "THAT Staff Report D2007-054 be received; AND THAT a property owned by the Brian Graydon described as being a 1.2 hectare parcel in Concession 10 Part Lot 15 be rezoned from Agriculture (Al) to Rural Residential(RR) as per a condition of Consent Application E61/07; Council Minutes - 309 - December 6, 2007 AND THAT Zoning By-law No. 2555-2007 be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE No Items 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Building permit report for the month ending November 30, 2007. File: P10 2007-645 Moved by W Casier Seconded by C Evanitski "THAT Building Permit report for the month ending November 30, 2007 be received for information." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Register being Cheque# 3549 to Cheque#3669, inclusive totaling $1,150,410.21, and Payroll Disbursements for the period ending November 18 totaling$50,482.28. 2007-646 Moved by C Evanitski Seconded by W Casier "THAT Cheque Register being Cheque#3549 to Cheque#3669, inclusive totaling$1,150,410.21, and Payroll Disbursements for the period ending November 18th totaling$50,482.28 be approved." Disposition: Motion Carried Unanimously (b) Staff Memo C2007-016 regarding"January 2008 Council Meeting Schedule. File: A09 Council Minutes - 310 - December 6, 2007 2007-647 Moved by W Casier Seconded by M Taylor "That Staff Memo C2007-016 regarding January 2008 Council Meeting Schedule be received; "AND THAT the regular January 2008 Council meetings be rescheduled to allow for one meeting only on Thursday January 17, 2008 at 7:00 p.m." Disposition: Motion Carried Unanimously (c) Staff Report L2007-003 regarding Municipal Insurance Renewal—2008. File: L.5.1 2007-648 Moved by M Taylor Seconded by W Casier "THAT Staff Report L2007-003 regarding Municipal Insurance Renewal-- 2008 be received; AND THAT the 2008 Municipal insurance program be obtained from Jardine Lloyd Thompson Canada Inc. in accordance with the offer to renew dated November 27, 2007 with the addition of Option 1 to increase limit of liability from $25,000,000 to $50,000,000 at a total premium of$104,406 plus applicable taxes." Disposition: Motion Carried Unanimously (d) Staff Report E2007-004 regarding Waste Management Services. File: L04 2007-649 Moved by W Casier Seconded by E Ketchabaw "THAT Staff Report E2007-004 regarding Waste Management Services be received; THAT Council authorize the extension of contracts with Norfolk Disposal Services Limited, for the provision of weekly Waste Disposal, Collection of Residential and Commercial waste, bulk collection bins, and for the provision of weekly collection and disposal of recyclables, as outlined in Report E2007-004, for a period to expire June 1,2009; AND THAT a By-law supporting the extension be prepared for Council enactment at the next meeting." Disposition: Motion Carried Unanimously Council Minutes - 311 December 6, 2007 (e) Staff Report C2007-008 regarding RED Program Application—Ferry Border Crossing Feasibility and Impact Study. File: F11 2007-650 Moved by W Casier Seconded by M Taylor "THAT Staff Report C2007-008 regarding RED Program Application—Ferry Border Crossing Feasibility and Impact Study be received; AND THAT IBI Group be retained to prepare the full application under the provincial RED Program regarding the proposed Feasibility and Impact Study, in accordance with their letter dated November 19, 2007; AND FURTHER THAT Seaport Management Corporation be required to provide 100% of the cost of preparing such application prior to proceeding." Disposition: Motion Carried Unanimously (0 Staff Report PW2007-010 regarding Elgin County Road Maintenance Agreements— Maintenance Best Practices. File: L04 2007-651 Moved by E Ketchabaw Seconded by W Casier "THAT Staff Report PW2007-010 regarding Elgin County Road Maintenance Agreements- Maintenance Best Practices be received; AND THAT By-law No. 2007-106 respecting the repair and maintenance of County road allowances by the Municipality of Bayham be presented to Council for enactment." Disposition: Motion Carried Unanimously (g) Staff Report F2007-38 regarding IT Support Services 2008. File: L04 2007-652 Moved by W Casier Seconded by C Evanitski "THAT Staff Report F2007-038 regarding IT Support Services 2008 be received; Council Minutes - 312 - December 6, 2007 AND THAT Council supports the draft IT Support Agreement as attached to the report, in principal, and authorizes staff to continue negotiations with the Township of Malahide to proceed to a final agreement for IT support." Disposition: Motion Carried Unanimously (h) Staff Report PR2007-09 regarding Eden &Area Community Centre Lease. File: L04 2007-653 Moved by W Casier Seconded by E Ketchabaw "THAT Staff Report PR2007-09 regarding Eden & Area Community Centre Lease be received; THAT the draft lease with the Eden and Area Community Centre committee as attached to report PR2007-09 be approved; AND THAT By-law 2007-109 be presented to Council for enactment." Disposition: Motion Carried Unanimously (i) Staff Report F2007-37 regarding Eden Community Centre Roof Repair—Tender Results. File: L04 2007-654 Moved by C Evanitski Seconded by E Ketchabaw "THAT Staff Report F2007-037 regarding Eden Community Centre Roof Repair—Tender Results be received; THAT the tender submitted November 30, 2007 by LaFleche Roofing (1992) Limited for roof repairs at the Eden Community Centre be accepted; AND THAT By-Iaw No. 2007-107, being a by-law to authorize the execution of an agreement with LaFleche Roofing(1992) Limited ,be presented to Council for enactment Disposition: Motion Carried Unanimously (j) County of Elgin Memo dated November 29, 2007 regarding Estimated 2008 Policing Costs. File: P 17/F05 Council Minutes - 313 - December 6, 2007 2007-655 Moved by E Ketchabaw Seconded by C Evanitski "THAT County of Elgin Memo regarding Estimated 2008 Policing Costs be received for inclusion in the 2008 budget considerations." Disposition: Motion Carried Unanimously (k) Deputy Mayor Evanitski requested re-appointment of Paul Ens to Long Point Region Conservation Authority. 2007-656 Moved by E Ketchabaw Seconded by W Casier "THAT Paul Ens be appointed as the local representative to the Long Point Region Conservation Authority through to 2010." Disposition: Motion Carried Unanimously (1) Draft By-laws 2007-110, 2007-111 and 2007-112 authorizing renewal of agreements for Community Centre janitorial and management services. 2007-657 Moved by E Ketchabaw Seconded by W Casier "THAT By-Iaws 2007-110 and 2007-111, being by-laws to authorize the renewal of janitorial services agreements for the Vienna and Bayham Community Centres, respectively,with Ramona Peidl, be presented to Council for enactment." Disposition: Motion Carried Unanimously 2007-658 Moved by E Ketchabaw Seconded by C Evanitski "THAT By-law 2007-112, being a by-law to authorize the renewal of the management services agreement for the Vienna Community Centres with Jacqueline Bootle, be presented to Council for enactment." Disposition: Motion Carried Unanimously Council Minutes - 314- December 6, 2007 (m) A verbal update regarding the Nurse Practitioner agreement was provided by the Administrator. (n) Consideration of budget support for local festivals in 2008. (o) Copy of resolution passed by the County of Elgin regarding Canada Post installation of community mailboxes in rural areas. File: C10 2007-659 Moved by W Casier Seconded by M Taylor "THAT the Municipality of Bayham supports the resolution passed by the County of Elgin on November 13, 2007 opposing Canada Post installation of community mailboxes in rural areas." Disposition: Motion Carried Unanimously 10. ENVIRONMENT No Items 11. COMMITTEE OF THE WHOLE 2007-660 Moved by W Casier Seconded by E Ketchabaw "THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole at 8:55 p.m. 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; ❑ advice that is subject to solicitor-client privilege,including communications necessary for that purpose." Disposition: Motion Carried Unanimously Council Minutes - 315 - December 6, 2007 2007-661 Moved by W Casier Seconded by C Evanitski "THAT the Committee of the Whole do now rise from the "In Camera" session at 10:10 p.m." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE& REPORTS (a) Confidential Staff Memorandum regarding a personal matter. 2007-662 Moved by W Casier Seconded by C Evanitski "THAT Council directs Staff to proceed with the items identified in confidential staff Memorandum dated November 30,2007, as discussed." Disposition: Motion Carried Unanimously (b) Solicitor report regarding a confidential matter. (c) Confidential verbal report regarding By-law enforcement matter. (d) Confidential verbal report regarding a personal matter. (e) Verbal request by Councillor Casier regarding a confidential personal matter. 12. BY-LAWS By-law Z555-2007 A By-law to further amend Bayham Zoning B/L Z456-2003 (Graydon) By-law 2007-106 A By-law to Authorize an agreement for the repair and maintenance of County Road allowances by the Municipality By-law 2007-107 A By-law to Authorize an agreement for roof repairs at the Eden Community Centre (Lafleche Roofing Ltd) By-law 2007-109 A By-law to Authorize execution of a lease agreement for the Eden Community Centre Council Minutes - 316 - December 6, 2007 By-law 2007-110 A By-law to Authorize execution of a renewal agreement for Vienna Community Centre Janitorial (Peidl) By-law 2007-111 A By-law to Authorize execution of a renewal agreement for Bayham (Straffordville) Community Centre Janitorial (Peidl) By-law 2007-112 A By-law to Authorize execution of a renewal agreement for Vienna Community Centre Manager(Bootle) By-law 2007-108 A By-law to confirm all actions of Council 2007-663 Moved by M Taylor Seconded by C Evanitski "THAT By-laws Z555-2007, 2007-106,2007-107,2007-109,2007-110,2007-111 and 2007-112 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2007-664 Moved by W Casier Seconded by M Taylor "THAT confirming By-law 2007-108 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2007-665 Moved by C Evanitski Seconded by E Ketchabaw "THAT the Council meeting be adjourned at 10:10 p.m." Disposition: Motion Carried Unanimously R � MAY 1t. CLE Date Approved: t,51.0-cz,m 010, o 0