HomeMy WebLinkAboutMay 06, 2010 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday,May 6,2010
7:00 p.m.
6:30 p.m.Public Meeting-Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,May 6,
2010 in the 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 Coordinator/Deputy Clerk Margaret Underhill,Public Works Manager Gerry LeMay and
Fire Chief/By-Law Enforcement Officer Gord Roesch were in attendance to present their
respective 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 AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held April 15,2010.
2010-173
Moved by Deputy Mayor C Evanitski
Seconded by Councillor M Taylor
"THAT the minutes of the regular meeting held April 15,2010 be approved
as circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the budget meeting held April 28,2010.
2010-174
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT the minutes of the budget meeting held April 28,2010 be approved
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Council Minutes May 6,2010
as circulated."
CARRIED UNANIMOUSLY
(c) Added Item(s)
2010-175
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT in accordance with Section 21 of Procedural By-law 2002-93,Tub
Daze correspondence and an in camera session regarding potential litigation
regarding fire service charges be added to the agenda as items 9(h)and 11
(d)respectively."
CARRIED UNANIMOUSLY
4. DELEGATIONS
(a) 7:05 p.m.Bruce Pinchin from Shoreplan Engineering Limited regarding Port Burwell
Coastal processes study.
Bruce Pinchin,P.Eng.,provided a presentation on his company's review of the
coastal processes,sedimentation patterns and dredging options for the Port Burwell
Harbour.
Mr.Pinchin summarized that the two primary causes of sedimentation
are the load coming down the Big Otter and the coastal processes
depositing sand in front of both the east and west piers.
Mr. Pinchin outlined the main conclusions of the report that there does
not appear to be feasible capital projects to significantly reduce dredging
needs,and that the best solution would be on-going dredging. He
advised that hydraulic dredging would be the most cost effective manner
to manage the creek sediment load and manage the sand bar at the
harbour entrance. Without permission for open water disposal he
recommended propeller wash dredging an entrance channel. He
commented that the sale of dredged material would offset some of the
costs incurred. He advised that further investigation would be necessary
to determine estimates for dredging requirements.
Staff was requested to arrange a meeting with Small Craft Harbours to
discuss the report.
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Council Minutes May 6,2010
(b) 7:45 p.m. Peter Corfield of Corfield and Associates regarding Master Fire Plan.
Peter Corfield acknowledged the strong volunteer base,viability,response and
dedication of the Bayham Fire Department and encouraged Council to recognize
their volunteers.
(c) 8:00 p.m.Wanda Hoshal regarding Estherville Cemetery.
Wanda Hoshal questioned when the County would be carrying out the bank
stabilization project on Glen Erie Line.
Mayor Acre advised that it would be between July and September and that she
would advise prior to start of the work.
Mrs. Hoshal advised she believes that the markers for Phoebe Holt(wife of Zebulon
Leach)and Mary Denton(wife of Benjamin Shipley)being stored at the Public
Works yard belong at the Old Eden cemetery.
She requested permission for the Estherville pilgrims to make repairs to the markers
and place them at the Old Eden cemetery.
Mrs.Hoshal also requested that the outcome of the pending lawsuit regarding the
Csinos property be made available at the next meeting.
(d) 8:10 p.m.Fran Southwick regarding Vienna property concerns.
Fran Southwick raised concerns regarding mapping and Flood Fringe/Floodway
zoning of family owned property in Vienna. She added that the Edison Homestead
plaque site has been identified as being part of the Southwick property.
She was advised that assessment maps are for quick reference,not for solving title
matters.
(e) 8:20 p.m.Mat Redsell regarding jobs in Port Burwell.
Matt Redsell spoke regarding lack of employment, support for the local economy
and creation of small business opportunities in Port Burwell.
5. INFORMATION ITEMS
(a) Joint Cemetery Board minutes of meeting held April 27,2010.
File: C06
(b) Otter Valley Chamber of Commerce minutes of meeting held April 6,2010.
Page 3 of 15
Council Minutes May 6,2010
File: A01
(c) Heads Up Alert from Ontario Good Roads Association regarding "OGRA to
Manage$750,000 Fund for Municipalities".
File: A01
(d) Correspondence received April 26,2010 from Trans Canada Trail regarding
"update on recent developments of the Trail".
File: D06
(e) Correspondence dated April 13,2010 from County of Elgin regarding"County
Council approves $54 million budget".
File: A16
(f) Correspondence dated April 22,2010 from Municipal Property Assessment
Corporation regarding"2009 Annual Report and Financial Statements".
File: A16
(g) Correspondence dated April 29,2010 from Municipal Property Assessment
Corporation regarding"Tentative Settlement with Ontario Public Service Employees
Union(OPSEU)".
(h) Correspondence dated April 23,2010 and brochure from Play Works regarding
"Youth Friendly Community Recognition Ceremony".
File: M02
2010-176
Moved by Deputy Mayor C Evanitski
Seconded by Councillor M Taylor
"THAT information items 5(a)through 5(h)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
1. Correspondence and Reports
(a) Staff Report D2010-10 regarding Noels Site Plan Agreement/By-law 2010-
046.
File: D11.NOELS
Councillor Ketchabaw requested that this item be deferred until after the public
meeting. Following the public meeting there was consensus that the site plan
agreement be amended to remove the buffering requirement.
2010-177
Page 4 of 15
Council Minutes May 6,2010
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2010-10 regarding Noels Site Plan Agreement be
received;
AND THAT By-law No.2010-046,being a By-law to authorize the
execution of a Site Plan Agreement with Clifford and Marlene Noels and
the Municipality of Bayham as amended to delete buffering
requirements be presented for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report D2010-11 regarding J& S Thiessen Consent Application E7/10.
File: D10.10 Thiessen
The Planning Co-ordinator advised that the setbacks have been confirmed as
being compliant with the zoning by-law requirements.
2010-178
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2010-11 regarding consent Application E7/10 be
received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E7/10,submitted by Jacob&Sara
Thiessen,be granted subject to condition:
1. a copy of the final survey provided to the municipality."
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
2010-179
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
1. Public Meeting
(a) 7:30 p.m. Oakley Rezoning/Draft Zoning By-law Z578-2010- to change
Page 5of15
Council Minutes May 6,2010
the zoning on a parcel of land from the Agricultural(Al)Zone and Rural
Industrial(M2)Zone to the site-specific Rural Industrial(M2-9)Zone as a
condition of Elgin Land Division Committee associated with Consent
Application E39/09.
2. Declaration of Pecuniary Interest and the General Nature Thereof
None.
3. Staff Presentation
(a) Staff Report D2010-09 regarding Oakley Rezoning/Draft Zoning By-Law
Z578-2010.
File: D14.OAKL
Staff Report D2010-09 regarding Oakley Rezoning/Draft Zoning By-Law
Z578-2010 was presented by the Planning Co-ordinator. She advised that
no written comments or concerns had been received from the public.
4. Public Comments
Sherri Oakley commented that as both property owners are related they
would request the buffering requirement,being the planting of trees/installation of a
fence as a buffer, be waived. Ms.Oakley stated the three reasons for the
request would be to prevent damage to the existing weeping bed located next to the
property line;the height of her residence and back yard would still permit a sight line
over and above a 6 foot high privacy fence and without buffering, clear visibility for
both property owners would be maintained between the properties to
watch their children at play. As well,she added the buffering at the easterly border
of the outside storage area would not be feasible as that area is a loading area for
equipment.
5. Council Comments and Questions
Councillor Ketchabaw indicated he supported the request to remove the buffering
zone requirement from the rezoning by-law and the site plan agreement.
Councillors Casier and Taylor agreed.
6. Adjournment
2010-180
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
Page 6 of 15
Council Minutes May 6,2010
"THAT the Public Meeting be adjourned at 7:43."
CARRIED UNANIMOUSLY
7. Disposition of Item
2010-181
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report D2010-09 regarding Oakley Rezoning be received;
AND THAT the zoning of those lands located at 8525 Sandytown Road in
Concession 7 Part Lot 123,be changed from Agricultural(Al) and Rural
Industrial(M2)to Site-Specific Rural Industrial(M2-9)Zone to satisfy condition
of Consent Application E39/09;
AND THAT Zoning By-law Z578-2010 as amended to delete Section 21.10.9.6 be
presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE&DRAINAGE
(a) Staff Report PW2010-03 regarding Closure of Saxton Road south of Nova Scotia
Line.
File: 109
2010-182
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report PW2010-03 regarding Closure of Saxton Road south of
Nova Scotia Line be received;
AND THAT staff be authorized to proceed with procedures to close Saxton
Road from the intersection of Nova Scotia Line 1.1 kilometers southerly."
CARRIED UNANIMOUSLY
(b) Staff Report PW2010-04 regarding Landscaping Services- 2010.
File: L04
2010-183
Moved by Councillor E Ketchabaw
Page 7 of 15
Council Minutes May 6,2010
Seconded by Councillor W Casier
"THAT Staff Report PW2010-04 regarding Landscaping Services—2010 be
received;
AND THAT By-Law 2010-044,being a by-law to authorize an agreement
with Wilson Lawn Care and Snow Removal be presented to Council for
enactment."
CARRIED UNANIMOUSLY
(c) Correspondence dated March 31,2010 regarding "Edward R. Bradfield CRS".
File:A01
Mayor Acre offered to send a card of congratulations to Mr. Ed Bradfield on his
accomplishment.
2010-184
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT correspondence dated March 31,2010 from Association of Ontario
Road Supervisors congratulating Edward R.Bradfield for his recent
Certified Road Supervisor certification be received."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
(a) Building Permit Report for month ending April 30,2010.
File: P10
2010-185
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT Building Permit Report for month ending April 30,2010 be received
for information."
CARRIED UNANIMOUSLY
(b) Staff Report P2010-04 regarding By-Law Yard Maintenance Contract Services
2010.
File: P01
Page 8 of 15
Council Minutes May 6,2010
2010-186
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"That staff report P2010-04regarding By-law Yard Maintenance Contract
Services for 2010 be received;
AND THAT Council authorizes the Mayor and Clerk to execute an
agreement with Ground Effects Landscape and Design as per By-law#2010-
045 for a period ending April 30,2013."
CARRIED UNANIMOUSLY
(c) Staff Report FD2010-001 regarding Municipality of Bayham's Master Fire Plan.
File: P16
2010-187
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report FD2010-001 regarding Municipality of Bayham's
Master Fire Plan be received;
THAT Council agrees hi principle for the Fire Chief to implement a training
program for recruit firefighters with area fire department partnerships
THAT Council agree in principle for the Fire Chief to implement a training
program for officers in the Bayham Fire Department
THAT Council approve our current level of water rescue service and
equipment purchase with funds from the Port Burwell Firefighters
Association donation and operational budget monies
THAT Council approve the new departmental organizational chart and
structure as outlined in the draft Establishing and Regulating By-Law
AND THAT Council approve the reallocation of monies in the 2010 budget
to allow for the purchase of fire management software."
CARRIED UNANIMOUSLY
(d) Correspondence dated April 1,2010 from Wanda Gillis,on behalf of the Port
Burwell Lakers Baseball team regarding"Port Burwell Baseball Park Concerns".
Page 9 of 15
Council Minutes May 6,2010
2010-188
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT correspondence dated April 1,2010 from Wanda Gillis,on behalf of
the Port Burwell Lakers Baseball team regarding Port Burwell Baseball
Park Concerns be received;
AND THAT permission be granted to the group to operate the concession
stand for prepackaged food only,and that the group be asked to provide
cleaning services for the washroom facilities for use associated with baseball
events."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION& PERSONNEL
(a) Cheque Register being Cheque#8332 to Cheque#8442 inclusive,except Cheque
#8264 totaling$420,125.97 and Payroll Disbursements for the period ending April
18,2010 totaling$53,387.49.
2010-189
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT Cheque Register being Cheque#8332 to Cheque#8442 inclusive,
except Cheque#8264 totaling$420,125.97 and Payroll Disbursements for
the period ending April 18,2010 totaling$53,387.49 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated April 20,2010 from County of Elgin regarding"New
Maintenance Agreement for County Roads".
File: A 16
2010-190
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT correspondence dated April 20,2010 from County of Elgin
regarding new Maintenance Agreement for county roads be received;
AND THAT Council recommend Gerry Lemay to serve on the sub-
committee."
Page 10 of 15
Council Minutes May 6,2010
CARRIED UNANIMOUSLY
(c) Staff Memorandum C2010-03 regarding Committee Appointments.
File: C12
2010-191
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT Staff Memorandum C2010-03 regarding Committee Appointments
be received;
AND THAT By-law 2010-042,being a by-law to further amend By-law 2010-
001,by adding Cheryl James as a member of the Calton Cemetery Board,
Marlene Carter as a member of the Bayham West Board and removing
Harris Teall as a member of the Smuck Cemetery Board,be presented to
Council for enactment."
CARRIED UNANIMOUSLY
(d) Correspondence dated April 2010 from Trillium Gift of Life Network regarding
"National Organ and Tissue Donation Awareness Week".
File: C13
2010-192
Moved by Deputy Mayor C Evanitski
Seconded by Councillor M Taylor
"THAT correspondence dated April 2010 from Trillium Gift of Life Network
regarding National Organ and Tissue Donation Awareness Week be
received for information."
CARRIED UNANIMOUSLY
(e) Correspondence received April 28,2010 from Straffordville Stealth Midget Boys
Fastball Team requesting financial support for the 2010 season.
File: C13
2010-193
Moved by Deputy Mayor C Evanitski
Seconded by Councillor M Taylor
"THAT request from Straffordville Stealth Midget Boys Fastball Team of
financial support for the 2010 season be received;
Page 11 of 15
Council Minutes May 6,2010
AND THAT Council supports sponsorship of$100.00."
CARRIED UNANIMOUSLY
(f) Staff Memorandum regarding Cemetery Markers- Public Works Yard.
File: S09
Staff advised that there is no documentation to confirm that the markers being stored
at the Public Works yard are from the Old Eden cemetery. Following discussion,
Staff was requested to confirm with the Cemeteries Branch whether it is appropriate
that these markers be placed at the Old Eden cemetery.
2010-194
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT Staff Memorandum regarding Cemetery Markers-Public Works
Yard be received."
CARRIED UNANIMOUSLY
(g) Staff Memorandum regarding Plank Road Boundaries- Mary Taylor inquiry.
File: T06
2010-195
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT Staff Memorandum regarding Plank Road Boundaries-Mary
Taylor inquiry be received."
CARRIED UNANIMOUSLY
(h) Correspondence dated May 3,2010 from Deb Travis and Paul Vyse regarding
"Tub Daze".File: R06
2010-196
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Port Burwell Tub Daze correspondence dated May 3/10 be
received;
AND THAT the Council of the Municipality supports this event as a
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Council Minutes May 6,2010
Community Festival July 30th,31st and August 1st,2010."
CARRIED UNANIMOUSLY
2010-197
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT in accordance with Section 12 of Procedural By-law 2002-93,
Council shall deal with business until 11 p.m. at its meeting of May 6,2010."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2010-198
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 10:10 p.m.to discuss:
. litigation or potential litigation(claim-Vienna Bridge) and(fire service
charges),including matters before administrative tribunals, affecting the
municipality or local board."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held April 15, 2010.
(c) Confidential Memorandum regarding litigation or potential litigation- Claim- Vienna
Bridge.
(d) Added Item Confidential discussion regarding potential litigation- Fire Service
Charges.
(e) Out of Camera.
2010-199
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Council Minutes May 6,2010
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 10:21 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2010-042 A By-Law to further amend By-Law 2010-0001 (Appointing
Members to Boards and Committees)
(b) By-Law 2010-044 A By-Law to authorize the execution of an agreement
(Wilson Lawn Care&Snow Removal)
(c) By-Law 2010-045 A By-Law to authorize the execution of an agreement
(Froese- Ground Effects Landscape and Design)
(d) By-Law 2010-046 A By-Law to authorize the execution of a site plan agreement
(Noels)
(e) By-Law Z578-2010 A By-Law to further amend By-Law Z456-2003
(Oakley/Noels)
2010-200
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"THAT By-Laws 2010-042,2010-044,2010-045 2010-046 and Z578-2010 be
read a first,second and third time and finally passed."
CARRIED UNANIMOUSLY
(f) By-Law 2009-047 A By-Law to confirm all actions of Council
2010-201
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"That confirming By-law 2010-047 be read a first,second and third time and
finally passed."
CARRIED UNANIMOUSLY
Page 14 of 15
Council Minutes May 6,2010
13. ADJOURNMENT
(a) Adjournment
2010-202
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT the Council meeting be adjourned at 10:22 p.m."
CARRIED UNANIMOUSLY
A 11° n b e t.ce
MA 1 ' CELRKK
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