HomeMy WebLinkAboutJuly 16, 2009 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday,July 16,2009
7:00 p.m.
7:30 p.m.-Public Meeting-Planning(Zonning)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,July 16,
2009 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,
Fire Chief/By-Law Enforcement Officer Paul Groeneveld, Treasurer Suzanna Dieleman Mantel
and Water/Wastewater Superintendent Ed Roloson 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 June 18,2009.
2009-352
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT minutes of the regular meeting of Council held June 18, 2009 be
approved as circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the special meeting of council held June 29,2009.
2009-353
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the minutes of the special meeting held June 29,2009 be approved
as circulated."
CARRIED UNANIMOUSLY
Page 1 of 22
Council Minutes July 16,2009
(c) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS
(a) 7:15 p.m.- Wanda Hoshal regarding Estherville Cemetery Item 5(a)
Mrs. Hoshal noted that Chris Ferguson has been appointed as Acting Compliance
Officer of the Cemeteries Regulation Unit of the Ministry of Small Business and
Commercial Services and has agreed to review the Estherville file.
She added that the Teall family of Digby Township in Nova Scotia has advised of
family burials in Estherville and members are quite concerned about the current
situation.
She questioned:
1. what was being done regarding the markers discovered off Glen Erie Line
and was advised of Staff report under item 9(n)to be presented later in the
meeting.
2. what are Council's plans to address the cucumber grading site which opened
today and whether a padlock could be placed on the doors. She was
advised no,and that enforcement of the Municipal Zoning by-law would
proceed.
(b) 8:30 p.m. - Scott Campbell, Solicitor,regarding confidential correspondence
discussed in closed session. Item 11(g)
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 9:00 p.m.to discuss:
• advice that is subject to solicitor-client privilege,including
communications necessary for that purpose."
CARRIED UNANIMOUSLY
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 9:35 p.m."
CARRIED UNANIMOUSLY
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Council Minutes July 16, 2009
5. INFORMATION ITEMS
(a) Verbal update regarding Estherville Cemetery.
(b) Copy of resolution passed June 23,2009 by the County of Elgin regarding"Green
Energy Act".
File: C10/A16
(c) Copy of resolution passed by the Township of Stirling-Rawdon regarding
"Municipal Drinking Water Licensing Plan".
File: C10
(d) Copy of resolution passed June 16,2009 by the City of Welland regarding
"Improved funding model to ensure access to medical and health services".
File: C10
(e) Copy of resolution passed June 3,2009 by the Town of Innisfil regarding
"Ontario's 2009 Budget- Harmonized Sales Tax Affects Electricity Rates Starting
July 1,2010".
File: C10
(f) Correspondence dated June 15,23,30 and July 9,2009 from Association of
Municipalities of Ontario regarding"Important Report on Early Learning Signals
Direction Ontario Must Take for Future Prosperity", "Support for Inclusion of
Animals in Municipal Emergency Plans", "WDO Used Tire Plan Comes Into Effect
September 1,2009", "Municipal,Provincial,Federal,and Business Leaders
Working Together", "AMO Report to Members on June 2009 Board Meeting",
"Count Me in Community Challenge Launch"and"Planning Act Survey".
File: A01
(g) News Release dated May 14 and 25,2009 from Ted Arnott,MPP Wellington-
Halton Hills regarding"Liberals vote against protection for volunteer firefighters"
and"MPP Arnott keeps up the fight for volunteer firefighters".
File: A16
(h) Correspondence dated July 2,2009 from Mat Redsell regarding"actions of local
municipal council", additional correspondence regarding"Practical Star Gazing".
File: C13
(i) Interpretive Centre Workgroup draft minutes of meeting held June 17,2009.
File: C06
(j) Edison Museum Building Committee draft minutes of meeting held June 17,2009.
File:C06
(k) Bayham Community Centres Committee draft minutes of meeting held April 30 and
June 25,2009.
Page 3 of 22
Council Minutes July 16,2009
File: C06
(1) Museums Bayham draft minutes of meeting held June 10,2009.
File: C06
(m) Cenotaph Committee draft minutes of meeting held June 25, 2009.
File: C06
(n) Correspondence dated June 11,2009 from Ministry of Agriculture,Food and
Rural Affairs regarding"Drains Action Working Group".
File: A16
(o) Elgin County OPP Media Release dated Jun 29/09 regarding "Theft From Little
Beach-Port Stanley", "R.I.D.E. Programs Elgin County"and"Break and Enter to
Cottages in Port Stanley".
File: P17
(p) LAS Communication dated June 22,2009 regarding"Municipalities Will Save
35%Through Electricity Program Purchase".
File: a01
(q) Correspondence dated June 17,2009 from Play Works regarding"The Youth
Friendly Community Recognition Program". (information brochure available)
File: R06
(r) Correspondence dated June 25,2009 from Ministry of Natural Resources
regarding"Wildlife Rabies Control Operations".
File: A16
(s) Correspondence dated June 15,2009 from OMAFRA regarding"Ontario
Proposes New Rules For Green Energy Projects McGuinty Government Invites
Public Input".
File:A16
(t) Lake Erie Region Source Protection Committee draft minutes of meeting held June
4,2009.
File: E00
(u) News Release dated July 3/009 from Grand River Conservation Authority
regarding"Province looking for public comment on discussion paper on drinking
water source protection".
File: E00
(v) Correspondence dated June 30,2009 from Minister of Natural Resources
regarding"resolution to increase funding to conservation authorities".
File: A16
(w) Correspondence dated July 7, 2009 from Municipal Employer Pension Centre of
Page 4 of 22
Council Minutes July 16,2009
Ontario regarding"OMERS Sponsors Corporation- Disposition of Contribution
and Benefit Proposals".
File: F09
(x) Ontario Good Roads Association newsletter dated June 2009 regarding "Highlights
from the Board of Directors".
File: A01
(y) Correspondence from Canada Mortgage and Housing Corporation regarding"The
Municipal Infrastructure Lending Program".
File: A16
(z) Correspondence dated July 11,2009 from Sean Hurley regarding"More Ferry
Questions".
File: C13
(aa) Correspondence dated June 4,2009 from Ontario Federation of Agriculture
regarding"visibility of 911 signs".
File: A16
It was suggested that property owners be encouraged,through the municipal
newsletter,to ensure the 9-1-1 signs on their properties are kept visible.
2009-354
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT information items 5(a)through 5(aa)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
(a) Staff Report D2009-32 regarding Draft License System for Refreshment Vehicles
Draft By-law 2009-086.
File: P09
2009-355
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report D2009-32 regarding licensing refreshment vehicles be
received;
AND THAT By-law 2009-086 (section 9)be amended to include tacos and
similar fast foods;
AND THAT By-law 2009-086, as amended,being a By-law to License
Page 5 of 22
Council Minutes July 16,2009
Refreshment Vehicles,be presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Draft By-Law 2009-088 being a by-law to adopt a road access and/or
water/sewer services permit policy&procedure.
2009-356
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT By-Law 2009-088 being a by-law to adopt a road access and/or
water/sewer services permit policy&procedure be presented to Council for
enactment."
CARRIED UNANIMOUSLY
(c) Staff Report D2009-29 regarding Peters'North Hall Subdivision Application.
File: D12.PETERS
2009-357
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2009-29 regarding the Peters'North Hall
Subdivision application be received;
AND THAT Council supports the 5-lot subdivision application in principle;
AND THAT Council request the Ministry of Municipal Affairs &Housing
consider including the following suggested conditions of draft approval:
• a final stormwater management plan to be submitted to the
Municipality and the Long Point Region Conservation
Authority for review and approval
• completion of any necessary applications under the
Drainage Act to provide a legal outlet for storm water use
• submission of a final lot grading and drainage plan to the
satisfaction of the Municipality
• provision of an adequate water supply necessary for fire
protection to the satisfaction of the Municipality
• that the subdivision agreement require the use of bio-filter
septic systems capable of reducing the nitrate levels; a
competent septic engineer shall design such systems and the
subdivision agreement require owners to have a service
Page 6 of 22
Council Minutes July 16,2009
contract to ensure that the system is operated properly."
Councillor Taylor noted his opposition to decisions made based on
assessment mapping not necessarily being correct and requested a recorded
vote.
In Favour Opposed
Mayor Acre Councillor Taylor
Councillor Casier
Deputy Mayor Evanitski
Councillor Ketchabaw
Motion Carried on a recorded vote of 4 to 1 in favour
(d) Staff Report D2009-30 regarding Peters Consent Application E75/08.
File: D10.09.PETERS
2009-358
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report D2009-30 regarding Peters Consent Application
E75/08 be received;
AND THAT the"Memorandum of Understanding" along with the Security
Deposit of$3000 be acceptable to Council for the satisfying of the condition
of consent as per the Elgin County Land Division Notice of Decision for
Application E75/08 dated November 19,2008 pertaining to the
apportionment of assessment for drainage as per the Drainage Act
requirements;
AND THAT the Mayor and Clerk for the Municipality be authorized to
affix their signatures to said document."
Councillor Taylor noted his opposition to decisions made based on
_ assessment mapping not necessarily being correct however a recorded vote
tzvovfi
was not requested
.9CARRIED
(e) Staff Report D2009-31 regarding Heckman Consent Application E42/09.
File: D10.09 HECKMAN
2009-359
Moved by Councillor W Casier
Page 7 of 22
Council Minutes July 16, 2009
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2009-31 regarding Consent Application E42/09
Heckman be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E42/09,submitted by Colin and
Teresa Heckman,be approved and is subject to:
1. $500 cash-in-lieu of parkland dedication fee
2. apportionment of assessment for drainage as per the Drainage,
Act
3. water quantity testing report meeting the Provincial standards
4. water quality testing report for nitrates and bacteria content
meeting the Provincial standards
5. lot grading plan
6. copy of a final survey provided to the municipality."
CARRIED
1. PUBLIC MEETING
2009-360
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Council meeting be adjourned to hold a Public Meeting pursuant to
the provisions of the Planning Act."
CARRIED UNANIMOUSLY
1. Public Meeting
(a) 7:30 p.m.-Rezoning Application: to change the zoning on a 5.9 hectare
(14.5 acre)parcel of land from Agriculture(Al)Zone and the Special
Agricultural(A2)Zone to a site-specific Agricultural(A1-##)submitted by
Otter's Edge Estates/Jammie Underhill Farms.File: D14.OTTR
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. Staff Presentation
(a) Staff Report D2009-28 regarding Otter's Edge Estates/Jammie Underhill
Farms Rezoning.
File: D 14.OTTR
Page 8 of 22
Council Minutes July 16, 2009
The Planning Co-ordinator advised that Jammie Underhill,Bruce Farnell,
solicitor for Mr. Underhill,and Derek Dudek,municipal planner,IBI
Group,were in attendance. She advised that Long Pont Region
Conservation Authority correspondence regarding their concerns had been
received and copied to Council after the agenda was published.
Mr. Dudek confirmed comments and concerns raised at the time of the
consent application.He noted that the MH zone permits the mobile home
park,however,development outside this zone, though not permitted,has
taken place over the years. Since the adoption of the Official Plan in 2001,
development requires an Official Plan Amendment to provide site plan
control and servicing. The Long Point Region Conservation Authority has
flooding concerns regarding the proximity of travel trailers in the seasonal
campgrounds to the Big Otter Creek. Within the OP policies and the
amendment process,trailers would be required to be located outside the
flood areas for public protection and safety.Acceptance of the current
situation would set a precedent for building now and asking for permission
later.
4. Public Comments
Mr. Farnell commented that the consideration for severance including conditions
was granted without the requirement for an Official Plan Amendment,adding that
the type of use has not been changed.
As the aerial photos do not identify the boundaries,it is difficult to determine
whether there has been an increase in the size of the land being utilized even though
the number of sites has increased since 1960.
Mr.Farnell reminded Council that the rezoning application is made to satisfy the
conditions set by the municipality as a requirement of the consent for severance and
consolidates the Mobile Home Park and Seasonal Campground properties.
Several Council members advised that they had attended the site and had concerns
about the 100 year flood plain and development that has been taking place there.
D Dudek commented that much more information has been received than was
provided at the time of the consent application. Hazard lands and servicing issues
must be resolved before rezoning can take place.
M Underhill stated that Lot 12 has not been proven to have legal non-conforming
status. She added that the municipality must abide by its own and Provincial policy
rules and cannot rezone something that is illegally established.
Page 9 of 22
Council Minutes July 16,2009
Michelle Doherty commented that she had purchased part of Lot 12 from Jammie
Underhill and wants the development to stay the same size as it already is.
5. Council Comments and Questions
There were no further comments or questions.
6. Adjournment
2009-361
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the Public Meeting be adjourned at 8:10 p.m."
CARRIED UNANIMOUSLY
7. Disposition of Item
2009-362
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2009-28 regarding the Otter's Edge Estates and Jammie
Underhill Farms Ltd.rezoning application be received;
AND THAT the application to rezone a portion of the Otter's Edge Estates Ltd.
and Jammie Underhill Farms Ltd.properties to a site-specific Agriculture to
recognize an existing seasonal campground be deferred for further information."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE&DRAINAGE
(a) Staff Report PW2009-16 regarding Multi Use Tractor.
File: F18
2009-363
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report PW2009-16 regarding Multi Use Tractor be received;
Page 10 of 22
Council Minutes July 16,2009
AND THAT Council authorize the acquisition of the Multi Use Tractor
from Joe Johnson Equipment Inc.of Ontario in accordance with the tender
submitted June 19,2009 at a price of$89,012 plus taxes."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
(a) Building Permit Report for month ending June 30,2009.
File: P10
2009-364
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Building Permit Report for month ending June 30,2009 be
received for information."
CARRIED UNANIMOUSLY
(b) Staff Report PR2009-15 regarding Straffordville Library Roof Repairs.
File:A20
Council requested additional quotes for the installation of steel roofing.
2009-365
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report PR2009-15 regarding Straffordville Library Roof
Repairs be deferred."
CARRIED UNANIMOUSLY
(c) Staff Report P2009-021 regarding Straffordville Fire Station Heating Unit.
File: P16
2009-366
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT Staff Report P2009-021 regarding Straffordville Fire Station
Heating Unit be received;
AND THAT Staff be directed to proceed with replacement of the
Straffordville Station apparatus bays heating unit as per Randy Laur
Page 11 of 22
Council Minutes July 16, 2009
Burner Service quote($10,630)and finance from the Fire Station and
Communications Infrastructure Reserve subject to; provision of a
certificate of insurance naming the Municipality of Bayham as an additional
insured,in the minimum amount of$2,000,000.00,and provision of a
W.S.I.B.clearance certificate or equivalent."
CARRIED
(d) Staff Report P2009-022 regarding Appointment of By-Law Enforcement Officers.
File:P01
This item was deferred.
(e) Staff Report P2009-23 regarding Emergency Management Program Second
Quarter Report.
File: P16
2009-367
Moved by Deputy Mayor C Evanitski
Seconded by Councillor M Taylor
"THAT Staff Report P2009-023 regarding the Emergency Management
Program Second Quarter Report for 2009 be received for information."
CARRIED UNANIMOUSLY
(f) Staff Report P2009-024 regarding By-Law Enforcement Program- 2009 2nd
Quarter Report.
File: P16
2009-368
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT Staff Report 2009-024 regarding the By-law Enforcement Program
2nd Quarter Report 2009(April 1st June 30th)be received for
information."
CARRIED UNANIMOUSLY
(g) Staff Report P2006-025 regarding 2009 Second Quarter Report- Fire.
File: P16
Page 12 of 22
Council Minutes July 16,2009
2009-369
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report 2009-025 regarding Fire Department activities for the
Second Quarter 2009 (April 1st June 30th) be received for information."
CARRIED UNANIMOUSLY
(h) Correspondence dated June 15,2009 from Electrical Safety Authority regarding
"Advisory regarding identified public safety concerns with street lights"and
invitation to symposium on street lighting issues.
2009-370
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Correspondence dated June 15,2009 from Electrical Safety
Authority regarding public safety concerns with street lights and
symposium on street lighting issues be received."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheque#6641 to Cheque#6744 inclusive,totaling
$1,167,236.23 and Payroll Disbursements for the period ending May 31,June 14
and June 28,2009 totaling$59,881.75, $115,259.50 and$60,713.25
respectively.
2009-371
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Cheque Register being Cheque#6641 to Cheque#6744 inclusive,
totaling$1,167,236.23 and Payroll Disbursements for the periods ending
May 31,June 14 and June 28,2009 totaling$59,881.75,$115,259.50 and
$60,713.25 respectively,be approved."
CARRIED UNANIMOUSLY
(b) Staff Report E2009-10 regarding Septage Receiving.
File: E01
Page 13 of 22
Council Minutes July 16, 2009
2009-372
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report E2009-10 regarding Septage Receiving be received;
THAT the tender submitted by PK Construction Inc. be accepted;
AND THAT by-law 2009-091 being a by-law to authorize the execution of
an agreement between the Municipality of Bayham and PK Construction
Inc.for the construction and installation of a septage receiving facility at
the wastewater treatment plant be presented to Council for enactment;
AND THAT the provincial infrastructure fund be utilized for the septage
receiving facility."
CARRIED UNANIMOUSLY
(c) Staff Report E2009-09 and E2009-11 regarding Water Infrastructure Project.
File: E08
2009-373
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT Staff Report E2009-11 regarding Water Infrastructure Project be
received;
THAT the tender submitted by Omega Contractors Inc. be accepted;
AND THAT staff be directed to negotiate the final contract with Omega
Contractors Inc. based on the tender and to draft the necessary by-laws for
council's consideration."
CARRIED UNANIMOUSLY
(d) Staff Report F2009-34 regarding Financial Report for the period ending June 30,
2009.
File: F03
2009-374
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report F2009-34 regarding Financial Report for the period
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Council Minutes July 16,2009
ending June 30,2009 be received for information."
CARRIED UNANIMOUSLY
(e) Staff Report F2009-35 regarding Water Infrastructure Project Interim financing.
File: E08
2009-375
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT Staff Report F2009-35 regarding Water Infrastructure Project be
received;
AND THAT staff be directed to set up interim financing with RBC and to
draft the necessary by-laws for council's consideration."
CARRIED UNANIMOUSLY
(f) Staff Report F2009-33 regarding Playground Equipment.
File: F11
2009-376
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT Staff Report F2009-33 regarding Playground Equipment be
received;
AND THAT council direct staff to delay plans for the Vienna playground
equipment and reallocate the 2009 budget dollars to provide new
playground equipment in Eden."
CARRIED UNANIMOUSLY
(g) Staff Report C2009-013 regarding 2010 Election Voting&Questions.
File: C07
2009-377
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT Staff Report C2009-013 regarding 2010 Election Voting&
Questions be received;
AND THAT Staff be authorized to pursue a vote-by-mail election system
for implementation for the 2010 municipal election."
Page 15 of 22
Council Minutes July 16, 2009
DEFEATED
(h) Staff Report D2009-27 regarding SWOOP 2010 Orthophotography Project.
File: D00/L04
2009-378
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT Staff Report D2009-27 regarding SWOOP 2010 Orthophotography
Project be received;
AND THAT Council authorize staff to submit a Letter of Intent to the
Ministry of Natural Resources for participation in the Southwestern
Ontario Orthophotography Project(SWOOP 2010)for imagery products."
CARRIED UNANIMOUSLY
(i) Correspondence dated June 2009 from Canadian Union of Postal Workers
regarding"Deregulation".
File: A01
2009-379
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Correspondence dated June 2009 from Canadian Union of Postal
Workers regarding Deregulation be received."
CARRIED UNANIMOUSLY
(j) Draft By-Law 2009-049 being a by-law to authorize the renewal of an agreement
with Norfolk Disposal Services Limited.
2009-380
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT By-Law 2009-049,being a by-law to authorize the renewal of an
agreement with Norfolk Disposal Services Limited,be presented to Council
for enactment."
CARRIED UNANIMOUSLY
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Council Minutes July 16, 2009
(k) Correspondence dated June 19,2009 regarding concerns from the Horticultural
Society about flower gardens at the Port Burwell Cenotaph and email advising of
resignation of Shelley McGee from the Cenotaph Committee.
File: C12
2009-381
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"THAT Correspondence dated June 19,2009 regarding concerns from the
Horticultural Society about flower gardens at the Port Burwell Cenotaph
and email advising of resignation of Shelley McGee from the Cenotaph
Committee be received;
AND THAT By-Law 2009-092,being a by-law to amend By-Law 2009-006
being a by-law to appoint members to Boards and Committees of the
Municipality,by presented to Council for enactment."
CARRIED UNANIMOUSLY
(1) Staff Report C2009-12 regarding Siltation Study-Port Burwell Harbour(deferred
from Jun 18/09 meeting).
File: E l0
2009-382
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT Staff Report C2009-12 regarding Siltation Study-Port Burwell
Harbour be received;
AND THAT staff be authorized and directed to proceed with a formal call
for proposals for a Siltation Study for the Port Burwell harbour area."
CARRIED UNANIMOUSLY
(m) Correspondence dated July 16,2009 from Eden&Area Community Centre
regarding"desire to continue operating Eden and Area Community Centre" and
Staff Report PR2009-14 regarding Eden Community Centre- Repairs and
Designated Substances deferred from June 18/09 meeting.
File:A20
Mrs.Kim Tait was in attendance regarding upgrades to the Eden&Area
Community Centre. It was noted that the local volunteer group would like to
undertake some of the repairs and questioned opportunities for grant funding
including Ontario Trillium Foundation(OTF)and the Joint Emergency
Preparedness Program(JEPP)funding. Mrs.Tait advised that they may have a
resource person trained in asbestos removal and will contact and provide
Page 17 of 22
Council Minutes July 16, 2009
information to staff. The group feels that the centre is well used and would like
Council's support to keep it active.
Staff was requested to meet with the group to discuss priorities and prepare an
action plan.
2009-383
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT Correspondence dated July 16,2009 from Eden&Area
Community Centre regarding operation of Eden and Area Community
Centre be received;
AND THAT Staff be directed to meet with the Community Centre
Committee to discuss remediation options for the asbestos issue."
CARRIED UNANIMOUSLY
(n) Staff Report C2009-14 regarding Cemetery Markers- Glen Erie Line was
presented following the public meeting.
File: S09
The Administrator advised the County of Elgin has approximately$300,000 in
reserve for bank stabilization along the Glen Erie Line,however,has not yet
scheduled the work.A survey would be required to determine whether the markers
are within the road allowance or on private property.The cost to retrieve and
remove 5 (approximate)identified markers is estimated at$15,000. Re-location/
placement would be an additional cost.He added that there are no legal
requirements to proceed in any way regarding disposal,removal or re-location of
such markers.
Council discussed what would be the least intrusive method of removal,whether
they actually belong at the Estherville site,property ownership,re-location, survey,
who would be responsible for associated costs,involvement of affected families,
erosion, Long Point Region conservation Authority staff support and liability.
Staff was requested to inquire whether the markers could be removed by a crane
and if so,the cost,and whether any groups or families were interested in
undertaking and/or supporting the project. Staff was also asked to contact the
adjacent property owner regarding access to the site.
2009-384
Moved by Councillor W Casier
Page 18 of 22
Council Minutes July 16,2009
Seconded by Councillor E Ketchabaw
"THAT Staff Report C2009-14 regarding Cemetery Markers-Glen Erie
Line be received for information."
CARRIED UNANIMOUSLY
(o) Request to investigate public parking at the lot behind the sewage treatment plant.
Councillor Taylor reported that access to the lot behind the sewage treatment plant,
the boardwalk and Addison Street has been restricted by Provincial Park staff. He
added that Addison Street residents have complained of being ticketed for parking
along the street.Persons,other than fishermen,wishing access to the park beach
are being charged for a parking pass/admission. C Taylor noted that weeds and
grass are 4 feet tall,`no trespassing"signage has been posted and the boardwalk is
blocked off. He requested details regarding ownership of the property and access
to the lake.
The Administrator advised that Park officials are appointed and authorized by a
municipal by-law to ticket for specific parking issues on certain streets.
Ms.Kathleen Steel questioned whether the municipality is responding to complaints
from residents and was advised that the Property Standards/By-law Enforcement
Officer has been responding.
Discussion included removal of no parking signs,installation of a new fence by Park
to discourage illegal parking,enforcement by municipal staff or the OPP and
removal of parking restrictions on Addison Street. It was agreed that staff meet
with the Park Superintendent to seek common ground regarding the concerns
raised.
(p) Draft By-Law 2009-094 being a By-Law to authorize the execution of a
Government authorized requester agreement with the Ministry of Transportation of
Ontario.
2009-385
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Law 2009-094,being a by-law to authorize the execution of a
government authorized requester agreement with the Ministry of
Transportation of Ontario,be presented to Council for enactment."
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Council Minutes July 16,2009
CARRIED UNANIMOUSLY
2009-386
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT in accordance with Section 12 of Procedural By-law 2002-93,
Council shall deal with business until 11 pm.at its meeting of July 16,
2009."
CARRIED UNANIMOUSLY
(q) Request from Museum Board for Council to consider enhancing the existing
tourism signs to darken the word"discover" so that it is more visible.
This item was deferred until the next meeting.
10. ENVIRONMENT
(a) Staff Report E2009-010 regarding Infrastructure Preventative Maintenance.
File: E01
2009-387
Moved by Councillor W Casier
Seconded by Councillor M Taylor
THAT Staff Report E2009-010 regarding Infrastructure Preventative
Maintenance and the summary of water and wastewater preventative
maintenance be received for information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2009-388
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 11:39 p.m.to discuss:
Page 20 of 22
Council Minutes July 16, 2009
• a proposed or pending acquisition or disposition of land by the
municipality or local board;
• 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 June 18,2009.
(c) Closed session draft minutes of Community Centres meeting held June 25, 2009.
(d) Confidential Staff Report regarding potential acquisition or disposition of land.
(e) Confidential Staff Report regarding litigation or potential litigation.
(f) Confidential memorandum regarding litigation or potential litigation.
(g) Delegation- 8:30 p.m. regarding advice that is subject to solicitor-client privilege
(h) Out of Camera.
2009-389
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 12:01 a.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2009-049 A By-Law to authorize the renewal of an agreement
(Norfolk Disposal)
(b) By-Law 2009-086 A By-Law to License refreshment vehicles
(c) By-law 2009-088 A By-Law to adopt a permit policy and procedure(road
access/water/sewer services)
(d) By-Law 2009-089 A By-Law to further amend By-Law 2007-059 (Appointment
of By-Law enforcement officers)No action
(e) By-Law 2009-091 A By-Law to authorize the execution of an agreement with
PK Construction Inc. (Septage receiving facility)
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Council Minutes July 16, 2009
(0 By-Law 2009-092 A By-Law to further amend By-Law 2009-006(Committee
Members)
(g) By-Law 2009-094 A By-Law to authorize the execution of a Government
authorized requester agreement(Ministry of Transportation)
2009-390
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-Laws 2009-049,2009-086,2009-088,2009-091,2009-092 and
2009-094 be read a first,second and third time and finally passed."
CARRIED UNANIMOUSLY
(h) By-law 2009-093 A By-law to confirm all actions of Council
2009-391
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"That confirming By-law 2009-093 be read a first, second and third time
and finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
2009-392
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 12:03 a.m."
CARRIED UNANIMOUSLY
Arai eg4 211 1.-Mr
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(1 CLERK
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