THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER REGULAR COUNCIL MEETING MINUTES MONDAY, MARCH 27, 2006 This regular meeting was held in the Bluewater Council Chambers MEMBERS PRESENT: Mayor Bill Dowson Deputy-Mayor Paul Klopp Councillor Jim Fergusson Councillor Marg Deichert Councillor John Becker Councillor David Johnston Councillor George Irvin Councillor Bill Martin Councillor Rod Parker Councillor Bill MacDougall STAFF PRESENT: Janisse Zimmerman, Clerk-Administrator Terri Brandon, Manager of Finance Ross Fisher, Public Works Manager Brad Dietrich, Chief Building Official Tom Dickins, Facilities Manager Cindy Denomme, Recording Secretary 1. Mayor Dowson called to the meeting to order at 7:00 p.m. 2. 2.1 Disclosure of pecuniary interest and the general nature thereof for current meeting. None. 2.2 Disclosure of pecuniary interest and the general nature thereof for previous meeting, if absent for that meeting. None. 3. ADOPTION OF MINUTES -March 6, 2006 Special Council Meeting -March 13, 2006 Regular Council Meeting -March 7, 2006 Special Council Meeting 173-2006 SECONDED BY: Jim Fergusson BE IT RESOLVED THAT the minutes of the March 6, 2006 Special Council meeting, March 7, 2006 Special Council meeting and March 13, 2006 Regular Council meeting be approved as presented. 4. DELEGATIONS 4.1 Public Meeting for Planning Matters - re-zoning applications MOTION MOVED BY: John Becker 174-2006 SECONDED BY: Paul Klopp BE IT RESOLVED THAT we adjourn at 7:05 p.m. in order to hold a Pubic Meeting for Planning Matters. The meeting reconvened at 8:42 p.m. 175-2006 SECONDED BY: Jim Fergusson BE IT RESOLVED THAT a decision on File R1/06 be deferred as requested by the Agent. MOTION MOVED BY: David Johnston 176-2006 SECONDED BY: Bill MacDougall BE IT RESOLVED THAT a decision on File R4/05 be deferred to allow the applicant to come back with a plan that conforms exactly to the Zoning by-laws of Bayfield and the Official Plan.. MOTION LOST.
Page 2 Monday, March 27, 2006 Minutes Deputy-Mayor Klopp requested a recorded vote: Bill Dowson Against Jim Fergusson For Bill MacDougall For Marg Deichert Against John Becker Against Rod Parker Against David Johnston-For Bill Martin For George Irvin Against Paul Klopp Against Deputy-Mayor Klopp asked Mr. Durand if he was agreeable to the deferral to rework his plans. Mr. Durand said he was not opposed to the deferral, but would have to consider his next steps. MOTION MOVED BY Paul Klopp 177-2006 SECONDED BY: George Irvin BE IT RESOLVED THAT we defer a decision on File R4/05 to allow the Developer to bring another proposal back to council. Councillor George Irvin requested a recorded vote: Bill Dowson For Jim Fergusson For Bill MacDougall For Marg Deichert For John Becker For Rod Parker For David Johnston Against Bill Martin - For George Irvin For Paul Klopp - For 4.2 Court of Revision - Munn Drain MOTION MOVED BY: John Becker 178-2006 SECONDED BY: Bill Martin BE IT RESOLVED THAT we adjourn at 9:16 p.m. in order to hold a Court of Revision. The meeting reconvened at 9:20 p.m. 179-2006 SECONDED BY: Bill Martin BE IT RESOLVED THAT having received the following tenders for the Munn Drain Improvement 2004: A.G. Hayter Contracting $62,519.22 McCutcheon Farm Drainage $67,682.85 Robinson Farm Drainage $71,887.42 Roth Drainage Limited $64,574.50 Van Bree Drainage & Bulldozing $59,208.51 That the tender be awarded to Van Bree in the amount of $59,208.51 4.3 Late Night Noise Bayfield Main Street Present for the discussion: Sgt Tim Tatchel OPP Liaison Officer for Bluewater, Shawn Johnston OPP Operation s Manager and Lorna VanderPloeg Municipal Law Enforcement Officer for Bluewater Shawn reported that in 2005 the OPP responded to 11 noise complaints in Bayfield. Four complaints were at Harry s Bar, two for bars in general, two at the Admiral Bar and 3 others involving 1 house and 2 for people wandering the streets. OPP were sent to patrol Bayfield from 12 until 2:00 a.m. The reports from these patrols were that there is a lot of noise around closing time of the bars. People waiting for rides, getting in their vehicles, etc. Janisse said that in the case of noise, the OPP respond and assist with the laying of the charges with our Law Enforcement Officer. Councillor Johnston asked if there were other provisions that would allow the OPP to lay charges. Shawn said that under the Criminal Code shouting, swearing, etc. are summary conviction offences. MOTION MOVED BY: David Johnston 180-2006 SECONDED BY: Bill Martin BE IT RESOLVED THAT a letter be sent to Mr. Rowat informing him of what steps council has taken to address noise concerns in Bluewater.
Page 3 Monday, March 27, 2006 Minutes 5. COUNCILLOR S ISSUES 1. Councillor Johnston wanted to make council aware of the fact that most of the executive of the Bayfield Chamber of commerce have resigned. 6. AUTHORIZATION OF ACCOUNTS MOTION MOVED BY: Bill MacDougall 181-2006 SECONDED BY: John Becker BE IT RESOLVED THAT the accounts in the amount of $269,694.19 be approved as presented. 7. MANAGEMENT TEAM REPORTS 7.1 Chief Building Official - no report 7.2 Facilities Manager 7.2.1 Playground Coordinator 182-2006 SECONDED BY: George Irvin BE IT RESOLVED THAT the hourly rate for the position of Playground Coordinator be set at $12.00/hour for 2006. 7.2.2 Bayfield Public Washrooms 183-2006 SECONDED BY: Rod Parker BE IT RESOLVED THAT the changes to the hours of operation for the Bayfield Public Washrooms be approved as recommended in the report from the Facilities Manager. 7.2.3 Knights of Columbus thank you letter - Information 7.3 Public Works Manager Councillor Johnston declared a conflict with the pickup truck tenders item 7.3.4 His son works for Exeter Chrysler. 7.3.1 Fry St. Sewer Repair 184-2006 SECONDED BY: Jim Fergusson BE IT RESOLVED THAT the total repair bill for Fry St Sewer Repair be the full responsibility of the Contractor. 7.3.2 Roads Needs Study 185-2006 SECONDED BY: Bill Martin BE IT RESOLVED THAT the Public Works Manager be authorized to use gas tax money towards the cost of a Roads Needs Study.
Page 4 Monday, March 27, 2006 7.3.3 Veolia Water Agreement 186-2006 SECONDED BY: Bill Martin BE IT RESOLVED THAT the Council of the Municipality of Bluewater authorize Veolia Water Canada Inc. to take over as the operating authority of the Water/Wastewater operations of Bluewater prior to the signing of the agreement, effective April 1, 2006. 7.3.4 Pickup Tenders MOTION MOVED BY: Rod Parker 187-2006 SECONDED BY: George Irvin BE IT RESOLVED THAT having received the following tenders for a Pick Up Truck: With Power Package Without Campbell Motors $35,435.00 $32,594.50 Exeter Toyota $39,100.00 Kechnie Motors $38,401.00 $36,143.00 Huron Motor Products $39,685.00 McGee Motors $34,231.70 Exeter Chrysler $33,890.50 $33,87.85 That the tender be awarded to Campbell Motors without power package $32,594.50. 7.4 Finance Manager 7.4.1 Insurance Coverage MOTION MOVED BY: Rod Parker 188-2006 SECONDED BY: John Becker BE IT RESOLVED THAT the proposal from Frank Cowan Insurance for the 2006/2007 term be accepted. 7.4.2 Municipal Performance Measures Section 300 MOTION MOVED BY: John Becker 189-2006 SECONDED BY: George Irvin BE IT RESOLVED THAT the Municipal Performance Measures report presented by the Manager of Finance be accepted. 7.4.3 Financial Statements - Information 7.5 Manager of Fire Services - no report 7.6 Clerk-Administrator - no report 8. ITEMS REQUIRING ACTION 8.1 County of Huron Severance Application 8.3.1 B70/05 Elane Brandon - Stanley West Ward MOTION MOVED BY: David Johnston 190-2006 SECONDED BY: George Irvin BE IT RESOLVED THAT the Council of the Municipality of Bluewater support Severance application B70/05 subject to the following: -any municipal drain assessments be revised as necessary according to the Drainage Act -the Chief Building Official be provided with a copy of the survey -$500.00 in lieu of parkland be paid to Bluewater
Page 5 Monday, March 27, 2006 8.2 Site Plan Control By-law -By-law No. 14-2006 191-2006 SECONDED BY: John Becker BE IT RESOLVED THAT By-law No. 14-2006, being a by-law to designate a site plan control area, be given first, second and third reading and finally passed this 27 th day of March, 2006. 8.3 Deeming By-law 18-2006 - Plan 522 Lots 61, 62 and 63 MOTION MOVED BY: Bill MacDougall 192-2006 SECONDED BY: George Irvin BE IT RESOLVED THAT By-law No. 18-2006, being a by-law to deem Registered Plans, or parts thereof not to be registered, be given first, second and third reading and finally passed this 27 th day of March, 2006. 8.3 Request for Support 8.3.1 Township of King re Ontario Farmland Trust (OFT) 193-2006 SECONDED BY: John Becker BE IT RESOLVED THAT the Council of the Municipality of Bluewater support the resolution of the Township of King regarding Ontario Farmland Trust. 8.3.2 County of Grey re Municipal Funding Program - Note and File 8.4 Ausable Bayfield Conservation Authority - Source Water Protection project 194-2006 SECONDED BY: Bill Martin BE IT RESOLVED THAT the Council of the Municipality of Bluewater agrees to participate with the local Source Water Protection project in the Ministry of Environment Source Protection Grant to undertake technical studies for the municipal drinking water wells; AND FURTHER that participation will include sitting on the project steering committee and receiving the report, all consultant costs are covered through the grant. 9. CONVENTIONS, COURSES AND INVITATIONS 9.1 Retirement Party - John Stewart -April 27, 2006 Wingham Golf & Country Club 10. COMMITTEE AND BOARD REPORTS 11. NEW BUSINESS 11.1 Drysdale Beach Watermain 195-2006 SECONDED BY: Marg Deichert BE IT RESOLVED THAT By-law No. 22-2006, being a by-law to enter into an Agreement with G.W. Clarke Drainage Contractor Ltd, be given first, second and third reading and finally passed this 27 th day of March, 2006. 11.2 Councillor Parker expressed frustration over the changing of times for the Special Meeting on Wednesday. He will try to make the meeting, he will be in London working.
Page 6 Monday, March 27, 2006. 12. QUESTIONS OR COMMENTS FROM THE GALLERY Tyler Hessel suggested that Council should inform the Bayfield Agricultural Society and the Bayfield Lions if they make changes to the hours of operation for the Public Washrooms. 13. INFORMATION ITEMS -Ausable Bayfield Conservation Authority -February 16, 2006 Minutes -Government of Canada -letter March 13/06 re Round Hickorynut and the Kidneyshell -Minister of Natural Resources -letter March 1/06 re resolution spring black bear hunting season -Ministry of Transportation -letter March 16/06 re closure of Driver & Vehicle Licence Office in Zurich 14. BUSINESS ARISING FROM THE INFORMATION ITEMS 15. IN CAMERA SESSION 196-2006 SECONDED BY: Bill MacDougall BE IT RESOLVED THAT we go in camera at 10:50 p.m. to discuss a Legal Matter. 15.1 Legal Matter - Information MOTION MOVED BY: Rod Parker 197-2006 SECONDED BY: John Becker BE IT RESOLVED THAT we rise from in camera at 10:56 p.m. 16. ADJOURNMENT 198-2006 SECONDED BY: Paul Klopp BE IT RESOLVED THAT all items not specifically dealt with be noted and filed. Mayor Dowson adjourned the meeting at 10:57 p.m.