HomeMy WebLinkAboutDecember 16, 2010 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
December 16,2010
7:00 PM
8:00 PM Public Meeting-Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,December 16,
2010 in the Council Chambers. Present were Mayor Paul Ens,Deputy Mayor Mark Taylor,Councillors
Tom Southwick,Wayne Casier and Ed Ketchabaw,Administrator Kyle Kruger and Clerk Lynda Millard.
Planning Coordinator/Deputy Clerk Margaret Underhill and Fire Chief/By-Law Enforcement Officer
Gord Roesch were in attendance to present their respective reports.
1. CALL TO ORDER
Mayor Ens 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 December 2, 2010.
2010-499
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held December 2,2010 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS
(a) 7:05 p.m. -Cliff Evanitski from Long Point Region Conservation Authority regarding
"2011 Budget". Item 9(b)
Cliff Evanitski, General Manager, LPRCA presented the proposed operating and capital
budget for 2011.He referred to the consolidated budget summary page which confirmed
the 2.5%municipal levy increase. He noted that$377,000 had been drawn from reserves
to hold this rate during the current economic downturn. He advised that in 2010, 3,000
trees had been planted in Bayham.Rock's Mill was decommissioned and would improve
water quality throughout the watershed. He added that any letters supporting provincial
funding would be appreciated.
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Council Minutes December 16,2010
(b) 7:20 p.m. -Mary Craig regarding "Survey Mapping".
Mary Craig(Taylor)raised her ongoing issues in regard to conflicting survey mapping of
road allowances and properties adjacent to Estherville Cemetery and Plank Road and
particularly as it affected her property in Vienna. Comments supported use of current
stamped and registered surveys for municipal purposes and the possibility of making an
application under the Boundaries Act. Deputy Mayor Taylor and Councillor Southwick
agreed to provide any assistance to Ms Craig they could.
(c) 7:40 p.m. -Mat Redsell-regarding "The Concept of Powerdown".
Matthew Redsell made his presentation and encouraged Council and others to seek
alternatives to the use of fossil fuels in all aspects of their daily activities.
(d) 7:50 p.m. -Otter Valley Naturalists regarding "East Beach Drainage Project".
John Glass,Ron Allensen and Joe Stephenson were in attendance to present an overview
of their organization's proposal to improve,reshape and enhance the drainage ditch at the
east beach in Port Burwell. Mr. Glass advised that the group has approached the Long
Point Region Conservation Authority and the Ministry of Natural Resources for their
expertise and formal approvals and are seeking permission and a letter of endorsement
from the Municipality so that they may proceed in their fundraising efforts. The proposed
cost of the project is between$10,000 and$15,000. It is proposed that funds will be
raised from Federal and Provincial programs and charitable foundations such as Elgin
Stewardship Council,TD Friends of the Environment,Home Depot and Evergreen
Foundations.
2010-500
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Council of the Municipality of Bayham supports the East Beach
Drainage Project proposed by the Otter Valley Naturalists;
AND THAT staff be directed to provide a letter of endorsement;
AND THAT Deputy Mayor Taylor act as the liaison."
CARRIED UNANIMOUSLY
(e) 8:05 p.m. -Tom McHugh,President&CEO of Tillsonburg District Memorial Hospital
regarding"Public Relations".
Tillsonburg District Memorial Hospital Board Chairman Erwin Hawel introduced Peg
Andrews Board member and Tom McHugh,President and CEO.
Ms. Andrews commented on patient safety and standards and advised that the new CT
scanner is used for the Emergency Room and in-patients.Wait time funding has been
received and the diabetes program extended to thirty users.
She noted that good equipment is necessary to maintain high standards and services and
attract and retain quality medical staff. She also advised of the Patient Declaration of
Values(rights and responsibilities)of patients.
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Council Minutes December 16,2010
Tom McHugh commented on the push for integration of hospital services with
Woodstock General Hospital and noted that small acute care hospitals are providing care
close to home. This helps relieves pressures on London hospitals. TDMH works with
partners including Woodstock to improve and deliver cost-effective solutions, share
surgical on-call and chemotherapy planning.
He outlined the four phases of the ten year Capital Redevelopment plan at a total project
cost of$126 million.TDMH currently has$15M in reserve to cover the local cost. The
Foundation recently hired new staff to raise funds for this Tri-County(Elgin-Oxford-
Norfolk)initiative.
2010-501
Moved by Councillor E Ketchabaw
Seconded by Councilor W Casier
"THAT the Council of the Municipality of Bayham supports,in principle,the
proposed redevelopment plan for the Tillsonburg District Memorial Hospital as
presented."
CARRIED UNANIMOUSLY
(f) 8:30 p.m. -Ian Raven and Alan Montgomery from Elgin Military Museum regarding
"OJIBWA update".
Ian Raven,Executive Director,Elgin Military Museum,Rick Morgan(who worked on
the Ojibwa in 1965-68)and Alan Montgomery were present.
Mr. Raven outlined some of the progress made to date: shape of the submarine staked out
on the property, signage placed, engineers,surveyors and cradle designers all working
toward sub placement.
A 3-tier fundraising effort is being put in place: 1)community memorial brick sales;2)
ship's company sale of memberships; 3)competition for development of major corporate
sponsors.
Mr. Raven advised that a lot of background work has been done,is slowing down and is
expected to start up again in January by addressing zoning, site plan and lease
arrangements.
The St. Lawrence Seaway is scheduled to close down and re-open March 26,2011.
Utilizing a barge to tow the sub will minimise costs while safety and timing of the move
is critical. The project will lose three months due to the seasonal closure of the Seaway.
It was projected the move wouldn't take place until spring and will take the vessel and
the barge 2—3 weeks to get to Hamilton, subject to availability of the equipment.
Mr. Raven noted that it is important to have a good base for the foundation and cradles
for the sub.Contracting an engineer to know what is underneath through soil testing to
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Council Minutes December 16,2010
the bedrock is important to the stability of the sub. The cradles need to be custom fit to
the sub prior to the arrival.
It was agreed that the public needs to be kept informed, however,cost estimates and
quotes are not yet available. Mr. Raven noted that it is intended that any costs to the
Military Museum or the Municipality be minimized. It was suggested that a community
public meeting be held in January.
It was suggested that Mr. Raven and the Administrator discuss and determine what
studies may be needed.
Letters of support to the Federal government by the municipality,its neighbours and the
public are encouraged. Extension of the Community Adjustment Fund deadline is also
critical to the project.
2010-502
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Council of the Municipality of Bayham supports the efforts of the Elgin
Military Museum to have the Ojibwa project proceed;
AND THAT the Federal Government take the necessary steps to extend the
deadline for use of the Community Adjustment Fund dollars and release the funds
in a timely manner."
CARRIED UNANIMOUSLY
5. INFORMATION ITEMS
(a) Association of Municipalities of Ontario news release dated November 30, 2010
regarding "Government will make changes to welfare but Special Diet Allowance stays
for now".
File: A0l
(b) Correspondence dated December 1,2010 from Communities in Bloom regarding
"Annual Mayors'Green Connections Event".
File: A01
Mayor Ens requested and it was agreed that this item be forwarded to the Otter Valley
Chamber of Commerce for consideration.
(c) Correspondence dated November 30,2010 from Ontario Building Officials
Association regarding "Annual Meeting and Training Session".
File: A04
(d) Correspondence received December 8, 2010 from Citizenship and Immigration Canada
regarding "Paul Yuzyk Award for Multiculturalism".
File: A 16
(e) Correspondence dated November 26,2010 from Municipal Property Assessment
Corporation regarding "Update-MPAC Activities".
File: A16
Page 4 of 12
Council Minutes December 16,2010
Deputy Mayor Taylor requested and it was agreed that staff prepare a letter to MPAC
raising concerns with the currency and accuracy of the Voters' List for the recent
municipal election and seeking suggestions for suitable solutions.
(f) Bayham Harbourfront Committee minutes of meeting held November 30, 2010.
File: C06
(g) Correspondence received December 8,2010 from Mary Ward regarding"Budget&
Estherville Cemetery".
File: C13
It was agreed that the letter be considered during budget discussion.
(h) Elgin Federation of Agriculture Fall 2010 newsletter.
File: M07
2010-503
Moved by Councillor W Casier
Seconded by Councilor T Southwick
"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 D2010-037 regarding"Peters Subdivision Rezoning Application".
File: D14.PETERS
2010-504
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Staff Report D2010-037 regarding the Peters rezoning be received;
AND THAT the zoning on lands owned by Abraham and Emma Peters,located in
Part Lot 7 Concession 8,known as Country View Estates subdivision,be changed
from Hamlet Residential-Holding IHR(h)] to Hamlet Residential(HR)in Bayham
Zoning By-law Z456-2003,as amended;
AND THAT Zoning By-law Z586-2010 be presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Correspondence received December 8,2010 from Oxford County regarding
"Tillsonburg Van Norman Industrial Area Community Improvement Plan".
File: F11
The Administrator suggested that will be no impact on Bayham and did not have any
concerns. It was agreed that staff send correspondence requesting that communication be
re-established between Bayham and Tillsonburg Councils.
2010-505
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
Page 5 of 12
Council Minutes December 16,2010
"THAT correspondence from Oxford County regarding Tillsonburg Van Norman
Industrial Area Community Improvement Plan be received for information."
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
(a) ITEM TO BE DEFERRED UNTIL THE REGULAR COUNCIL MEETING
SCHEDULED FOR JANUARY 13,2011 AT 7:30 P.M.(PREVIOUSLY
DEFERRED FROM REGULAR COUNCIL MEETINGS HELD OCTOBER 7,
NOVEMBER 4 AND NOVEMBER 18,2010)
PUBLIC MEETING
7:30 p.m. -Graydon Rezoning-Zoning by-law amendment application proposing the
rezoning of property located at Part Lot 13,Concession 9, 56084 Talbot Line.
Staff Report D2010-31 regarding Graydon Rezoning.
File: D14
It was noted that the meeting regarding the Graydon property for rezoning purposes has
been further deferred until January 13,2011 at 7:30 p.m. No persons in attendance
indicated an interest or signed the attendance sheet.
7. ROADS,AGRICULTURE &DRAINAGE
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Building Permit report for month ending November 30,2010.
File: P10
2010-506
Moved by Councilor W Casier
Seconded by Deputy Mayor M Taylor
"THAT Building Permit report for month ending November 30,2010 be received
for information."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION &PERSONNEL
(a) Cheque Register being Cheque#9594 to Cheque#9671 inclusive, except Cheque
#9192 totaling$144,458.66 and Payroll Disbursements for the period ending
November 28,2010, 2010 totaling$91,994.74.
2010-507
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT Cheque Register being Cheque#9594 to Cheque#9671 inclusive,except
Cheque#9192 totaling$144,458.66 and Payroll Disbursements for the period
ending November 28,2010 totaling$91,994.74 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated November 16,2010 from Long Point Region Conservation
Authority regarding"2011 Draft LPRCA Budget". (deferred from December 2, 2010)
File: A16
Page 6 of 12
Council Minutes December 16,2010
2010-508
Moved by Councillor W Casier
Seconded by Councilor E Ketchabaw
"THAT Long Point Region Conservation Authority 2011 Draft LPRCA Budget be
received for information;
AND THAT the Council of the Municipality of Bayham supports the LPRCA
budget and the proposed Municipal levy as presented."
CARRIED UNANIMOUSLY
(c) Correspondence dated November 5,2010 from Township of Malahide regarding
"Appointment of Board Representative-Port Burwell Area Secondary Water Supply
System Joint Board of Management". (deferred from December 2, 2010)
File: C12
2010-509
Moved by Councillor E Ketchabaw
Seconded by Councilor T Southwick
"THAT correspondence from Township of Malahide be received;
AND THAT Tom Southwick be appointed as Board Representative and Wayne
Casier be appointed as alternate Board Representative to the Port Burwell Area
Secondary Water Supply System Joint Board of Management."
CARRIED UNANIMOUSLY
(d) Correspondence dated November 23,2010 from County of Elgin regarding
"Replacement of Member on the Elgin County Land Division Committee". (deferred
from December 2, 2010)
File: C12
In regard to Land Division Committee,it was noted that any individual may submit
comments to the Committee in support of or against applications.
2010-510
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT correspondence from County of Elgin be received;
AND THAT Brent Stewart be nominated for consideration to fill a position on the
Elgin County Land Division Committee."
CARRIED UNANIMOUSLY
(e) Correspondence dated November 26,2010 from Lynn Acre regarding"Appointment to
Elgin Municipal Association". (deferred from December 2, 2010)
File: C12
2010-511
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
Page 7 of 12
Council Minutes December 16,2010
"THAT correspondence from Lynn Acre be received;
AND THAT Leann Walsh be appointed to the Elgin Municipal Association."
CARRIED UNANIMOUSLY
(fl Joint Cemetery Board draft minutes of meeting held November 23,2010.
File: C06
2010-512
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Joint Cemetery Board draft minutes of meeting held November 23,2010 be
received;
AND THAT the request for Council to set aside$10,000 for upgrades to inactive
cemeteries be considered during the 2011 budget deliberations."
CARRIED UNANIMOUSLY
(g) Correspondence dated November 30,2010 from Sean Hurley regarding"abandoned
garage in Vienna".
File: C13
It was agreed that staff have the building secured to ensure it is not a safety hazard. Costs
may be added to the tax roll. It was noted that there is no funding for rehabilitation of
Brownfields,however,the province may forgive their tax portion(education). Staff were
requested to investigate the process necessary in order to have the building demolished.
2010-513
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT correspondence from Sean Hurley regarding abandoned garage in Vienna
be received;
AND THAT staff investigate the process to demolish the building."
CARRIED UNANIMOUSLY
(h) Memorandum C2010-09 regarding"Volunteer Awards".
File: M02
2010-514
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Memorandum C2010-09 regarding Volunteer Awards be received;
AND THAT Stan Rushton be nominated for the Ontario Volunteer Service
Award."
CARRIED UNANIMOUSLY
Page 8 of 12
Council Minutes December 16,2010
(i) Staff Report PW2010-17 regarding "Waste Recycling Strategy and Integrated Waste
Management Plan".
File: F 1 l
2010-515
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Staff Report PW2010-17 regarding Waste Recycling Strategy and
Integrated Waste Management Plan be received;
AND THAT the contract for the development of a Waste Recycling Plan for the
municipal blue box recycling program be awarded to 2cg Waste Management
Consulting Services Inc.,at a total cost of$44,850.00 (plus applicable taxes),subject
to the approval of the Township of Malahide and the Municipality of Central Elgin
as partnering municipalities.
AND THAT subject to the approval of the Township of Malahide and the
Municipality of Central Elgin as partnering municipalities 2cg Waste Management
Consulting Services Inc. be awarded a contract in the amount of$15,000 for the
development of an integrated Waste Management Plan,with the Municipality of
Bayham's share being 1/3 of the total costs.
AND THAT Council appoint two members of Council,Wayne Casier and Ed
Ketchabaw, and two staff,Kyle Kruger and Gerry LeMay, to the joint steering
committee for the projects."
CARRIED UNANIMOUSLY
ci) Staff Report L2010-02 regarding"Municipal Insurance Renewal-2011".
File: L5.1
2010-516
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report L2010-02 regarding Municipal Insurance Renewal-2011 be
received;
AND THAT the 2011 Municipal insurance program be obtained from Jardine
Lloyd Thompson Canada Inc.in accordance with the offer to renew dated
December 12,2010, at a total premium of$105,744 plus applicable taxes."
CARRIED UNANIMOUSLY
(k) Request for discussion regarding "Mapping Concerns".
The Administrator advised that an applicant is responsible for costs associated with the
implementation of the Boundaries Act. If the Act is initiated by the Director,the province
could pay or the Director can award costs,it is not automatic. Involvement of the road
authority would include the County of Elgin. It was agreed that staff re-circulate
information and what it takes to initiate the Act to Council.
Page 9 of 12
Council Minutes December 16,2010
2010-517
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT Staff bring back information in regard to an application under the
Boundaries Act and what it takes to initiate the process."
CARRIED
(1) Request for discussion regarding "Port Burwell Harbour".
Councillor Southwick requested re-opening of habour divestiture discussion with the
Federal government.
The Administrator advised that staff had recently met with Small Craft Harbours
representatives and that a report will be provided for an upcoming Council meeting. He
said the report would include confidential information and would need to be discussed in
closed session.
It was suggested that all divestiture options, including divestiture to a separate entity, also
be considered. It was noted that the Harbourfront Committee is looking at harbour
maintenance options.
MOTION TO EXTEND LENGTH OF MEETING
2010-518
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT in accordance with Section 12 of Prodecural By-law 2002-93, Council shall
deal with business until 12 a.m. at its meeting of December 16,2010."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Verbal updated regarding "Richmond Water System".
The Administrator provided an update on the status of the Richmond water system. He
noted that the high sodium levels are not regulated by the Clean Water Act however, the
Health Unit would support full or partial treatment of the sodium at the source. At least
partial treatment to reduce sodium must be done. If treatment is provided for at individual
households, a permanent advisory would be put in place.
Treatment at the source(option 1)would cost$63,000 to install. Option 2 at individual
households (under the sink)would cost$2,000 per household.
The Environmental Assessment process would be followed,basic information provided,
options,capital and operating costs identified, and public comments received through a
public meeting. It was suggested that water samples from the well be made available.
Staff was requested to arrange a public meeting in January.
Page 10 of 12
Council Minutes December 16,2010
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2010-519
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 11:25 p.m. to discuss:
• labour relations or employee negotiations;
• litigation or potential litigation,including matters before administrative
tribunals, affecting the municipality or local board."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held November 18,2010.
(c) Confidential correspondence regarding labour relations or employee negotiations -
public complaint.
(d) Confidential report regarding litigation or potential litigation,Property Standards
Enforcement-Unlicenced Vehicles 48 Strachan Street.
(e) Out of Camera.
2010-520
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera" session at
11:55 p.m."
CARRIED UNANIMOUSLY
2010-521
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT staff rescind the current tickets issued to Mr.Redsell and suspend all
current enforcement activities that are ongoing with by-Law 2002-09;
THAT Council review how by-laws are enforced(pro-active or on complaint) and
what issues constiture a violation in Bayham's Yard Maintenance By-Law;
AND THAT Council direct staff to complete a technical review of By-Law 2002-
09."
CARRIED UNANIMOUSLY
Page 11 of 12
Council Minutes December 16,2010
12. BY-LAWS
(a) By-Law Z586-2010 A By-Law to further amend By-Law Z456-2003 (Peters)
2010-522
Moved by Councilor W Casier
Seconded by Deputy Mayor M Taylor
"THAT By-Law Z586-2010 be read a first,second and third time and finally
passed."
CARRIED UNANIMOUSLY
(b) By-Law 2010-111 A By-Law to confirm all actions of Council
2010-523
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"That confirming By-Law 2010-111 be read a first,second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2010-524
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the Council meeting be adjourned at 12:00 a.m."
CARRIED UNANIMOUSLY
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