HomeMy WebLinkAboutDecember 17, 2009 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday December 17,2009
7:00 p.m.
7:30 p.m. & 7:40 p.m.-Public Meetings-Planning(Zoning)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
December 17,2009 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 Deputy Clerk Margaret Underhill.
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) Added Item(s)
2009-611
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
request from Councillor Casier regarding accessory residential use in
Commercial zones discussion,News Release regarding Community
Adjustment funding and confidential correspondence regarding labour
relations or employee negotiations be added to the agenda as items 6(a),9
(d)and 11(c)respectively."
CARRIED UNANIMOUSLY
(b) Minutes of the regular meeting of Council held December 3,2009.
2009-612
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT the minutes of the regular meeting held December 3,2009 be
approved as amended."
CARRIED UNANIMOUSLY
Page 1 of 12
Council Minutes December 17, 2009
4. DELEGATIONS
(a) 7:10 p.m.Mathew Redsell regarding Ferry Study
Matthew Redsell presented information obtained from previous completed feasibility
studies addressing concerns and disadvantages of cross-border ferry service.
(b) 7:20 p.m. Wanda Hoshal regarding Estherville Cemetery
Mrs. Hoshal made reference to a prior meeting held December 14,2009 and added
MPP Steve Peters will be available for a meeting regarding Estherville Cemetery.
Mayor Acre advised a one hour meeting has been arranged to be held at the
Bayham Municipal Office on January 8,2010 at 12:00 p.m.
5. INFORMATION ITEMS
(a) Correspondence from The Regional Municipaliy of Durham regarding Town of Fort
Erie Resolution.
File: C10
(b) Copy of resolution passed November 23,2009 by Niagara-On-The-Lake
regarding"benefit sharing agreement".
File: C10
(c) Copy of resolution passed November 24,2009 by the County of Grey regarding
"Bill 150 Green Energy and Green Economy Act".
File: C10
(d) Copy of correspondence dated December 1,2009 from the Corporation of the City
of Oshawa to the Honourable Dalton McGuinty regarding"Superintendents and
Key Holders for Condominiums and Apartment Buildings".
File: C10
(e) Copy of resolution passed October 27,2009 by the City of Kawartha Lakes
regarding "Green Energy Act".
File: C10
(t) Correspondence dated November 30,December 1,4, 8 and 9,2009 from the
Association of Municipalities of Ontario regarding"Ministry of the Environment
Changes to Lead Sampling Requirements", "AMO Recognizes the Need for
Affordable Access to Recreation for Ontarians", "Passage of Good Government
Act, 2009 Means New Municipal Elections Rules To Take Effect", "The Auditor
General's 2009 Report Highlights Human Services Spending and Bridge
Infrastructure" and "Proposed Energy Consumer Protection Act".
File: A01
(g) Correspondence received from Association of Municipalities of Ontario regarding
"2010 Urban Symposium".
Page 2 of 12
Council Minutes December 17, 2009
File: A01
(h) Correspondence from Association of Municipalities of Ontario regarding "2010
AMO Training&Development Series".
File: A01
(i) Correspondence dated December 7,2009 from Ontario Good Roads Association
regarding"OGRA Response to 2009 Ontario Auditor General's Report- Bridges".
File: A01
(j) Correspondence dated December 1,2009 from Ministry of Tourism regarding
"proposed tourism regions".
File: A16
(k) Long Point Region Conservation Authority Board of Directors minutes of meeting
held November 4, 2009.
File: A16
(1) Bayham Historical Society minutes of meeting held November 12,2009.
File: C06
(m) The Elgin Advantage newsletter from Elgin Business Resource Centre regarding
"Building Communities- One Idea at a Time".
File: A16
(n) Correspondence from Grand River Conservation Authority regarding"Draft Catfish
Creek and Kettle Creek Assessment Reports now posted for Public Consultation".
File: E00
(o) Correspondence dated December 1,2009 from Land Use Council to Minister of
Natural Resources regarding"Conservation Authorities".
File: E00
(p) Lake Erie Region Source Protection Commitee minutes of meeting held November
5,2009.
File: E00
(q) Correspondence dated December 7,9, 10 and 14, 2009 regarding various issues.
File: P17
2009-613
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT information items 5(a)through 5(q) be received for information."
CARRIED UNANIMOUSLY
Page 3 of 12
Council Minutes December 17,2009
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
(a) Request from Councillor Casier for discussion regarding accessory residential use in
Commercial zones.
Discussion was held regarding accessory residential use in basements in Commercial
zones. Staff was directed to prepare a report to present to Council.
1. PUBLIC MEETING
2009-614
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"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. Blondeel Rezoning- Lot Addition- to change the zoning on a
parcel of land from the Rural Residential(RR)to the site-specific Rural
Residential(RR-15)as a condition of approval by the Elgin County Land
Division Committee associated with Consent Application E58/09.
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. Staff Presentation
(a) Staff Report D2009-44 regarding Blondeel Rezoning- Lot Addition
File: D14.BLON
Report was presented by Margaret Underhill,Planning Co-ordinator.
4. Public Comments
Harry McKillop questioned Z456-2003,the definition of a nutrient unit and what
the fmal acreage would be. He expressed concerns with ground water
cantamination.
Mr. McKillop's questions were answered by the Planning Co-ordinator.
5. Council Comments and Questions
There were no Council comments or questions.
6. Adjournment
Page 4 of 12
Council Minutes December 17, 2009
2009-615
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Public Meeting be adjourned at 7:36 p.m."
CARRIED UNANIMOUSLY
7. Disposition of Item
Councillor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
2009-616
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report D2009-44 regarding Blondeel Nursery Inc. rezoning
application be received;
AND THAT the zoning of those lands located at 8504 Plank Road in Concession
6 STR part Lot 124 owned by Siegfried and Margaret Blondeel,subject to Elgin
County Land Division Consent Application E58/09,be changed from Rural
Residential(RR)to Site-specific Rural Residential(RR-15)Zone,inclusive of
the minor boundary adjustment,in the zoning by-law Z456-2003;
AND THAT Zoning By-law Z574-2009 be presented for enactment."
CARRIED
2. PUBLIC MEETING
2009-617
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
CARRIED NOT UNANIMOUSLY
1. Public Meeting
(a) 7:42 p.m. Otter's Edge Estates/Jammie Underhill Farms Rezoning- to
Page 5 of 12
Council Minutes December 17, 2009
change the zoning on a parcel of land from Agricultural(Al)Zone and the
Special Agricultural(A2)Zone to a site-specific Agricultural Zone.
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. Staff Presentation
(a) Staff Report D2009-45 regarding Otter's Edge Estates/Jammie Underhill
Farms Rezoning.
File: D 14.OTTR
Report was presented by Planning Co-ordinator,Margaret Underhill.
4. Public Comments
There were no public questions or comments.
5. Council Comments and Questions
There were no Council comments or questions.
6. Adjournment
2009-618
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Public Meeting be adjourned at 7:46 p.m."
CARRIED UNANIMOUSLY
7. Disposition of Item
Councillor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
2009-619
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report D2009-45 regarding the Otter's Edge Estates Inc. and
Jammie Underhill Farms Ltd.rezoning application be received;
AND THAT notification requirements as per Section 8.5.2.5 of the Zoning By-law
Z456-2003 are met as there are no modifications to the proposed by-law
amendment only additional information presented;
Page 6 of 12
Council Minutes December 17,2009
AND THAT the zoning of those lands located in Concession 2 Part Lot 12,
subject to Elgin County Land Division Consent Application E86/08 owned by
Jammie Underhill Farms Ltd., and those lands in Concession 2 Part Lot 13 owned
by Otter's Edge Estates Ltd.,be changed from the Special Agricultural(A2)Zone
and the Agricultural(Al)Zone to a site-specific Agricultural(A1-23)Zone in the
Zoning by-law Z456-2003;
AND THAT Zoning By-law Z575-2009 be presented for enactment."
CARRIED
7. ROADS,AGRICULTURE&DRAINAGE
(a) Staff Memorandum regarding Road Closure Application- Concession 5 and South
Gore.
File: T09
Councillor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
2009-620
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Memorandum regarding Road Closure Application-
Concession 5 and South Gore be received;
AND THAT By-law 2009-134, as amended,being a By-Law to stop up,close
and convey part of the unopened road allowance between Concession 5 and
Concession South Gore in Lots 2 and 3,being parts 1 and 2 Plan 11R-9100
be presented to Council for enactment."
CARRIED
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
(a) Building Permit Report for the month ending November 30,2009.
File: P10
2009-621
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Building Permit Report for the month ending November 30,2009 be
received for information."
Page 7 of 12
Council Minutes December 17, 2009
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION& PERSONNEL
(a) Cheque Register being Cheque#7612 to Cheque#7697 inclusive,except Cheques
#7499 and#7594 totaling$894,529.44 and Payroll Disbursements for the period
ending November 29,2009 totaling$53,478.55.
2009-622
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
THAT Cheque Register being Cheque#7612 to Cheque#7697 inclusive,
except Cheques#7499 and#7594 totaling$894,529.44 and Payroll
Disbursements for the period ending November 29,2009 totaling$53,478.55
be approved."
CARRIED UNANIMOUSLY
(b) Staff Report E2009-14 regarding Water Infrastructure Project.
File: E08
2009-623
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT Staff Report E2009-14 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
(c) Staff Report F2009-048 regarding Recreation Infrastructure Agreement.
File: F05
2009-624
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
Page 8 of 12
Council Minutes December 17,2009
"THAT Staff Report F2009-48 regarding Recreation Infrastructure
Agreement be received;
AND THAT By-Law 2009-138,being a by-law to authorize an agreement
between the Municipality of Bayham and Her Majesty the Queen in Right
of Ontario regarding the Recreation Infrastructure Canada program be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(d) News Release regarding Community Adjustment funding.
2009-625
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT staff be authorized to proceed with applications to the CAF program
second intake for completion of detailed engineering for the extension of
water services to the communities of Straffordville and Eden,and for
improvements and/or engineering services for the Richmond Water
System."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2009-626
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 8:20 p.m.to discuss:
. personal matters about an identifiable individual,including municipal
or local board employees."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held December 3,2009.
Page 9 of 12
Council Minutes December 17,2009
(c) Confidential correspondence regarding labour relations or employee negotiations.
(d) Confidential correspondence regarding labour relations or employee negotiations.
(e) Out of Camera.
2009-627
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 8:37 p.m."
CARRIED UNANIMOUSLY
2009-628
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the resignation of Paul Groeneveld,Municipality of Bayham Fire
Chief effective January 8,2010 be accepted with regret."
CARRIED UNANIMOUSLY
2009-629
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Perry Grant be appointed Acting Fire Chief for the Municipality."
CARRIED UNANIMOUSLY
2009-630
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
"THAT the confidential correspondence regarding the retirement of Paul
McQuiggan effective December 31, 2009 be received;
AND THAT Council accept the resignation due to retirement of Paul
McQuiggan and thank him for his many years of service to the Municipality
of Bayham."
CARRIED UNANIMOUSLY
Page 10 of 12
Council Minutes December 17,2009
12. BY-LAWS
(a) By-Law Z574-2009 A By-Law to further amend By-Law Z456-2003
(Blondeel)
(b) By-Law Z575-2009 A By-Law to further amend By-Law Z456-2003 (Otters
Edge/Underhill)
(c) By-Law 2009-134 A By-Law to Stop Up, Close and Convey Part of Unopened
Road Allowance (second and third reading)
(d) By-Law 2009-135 Amendment No. 10 to the Official Plan
(e) By-Law 2009-138 A By-Law to authorize the execution of an agreement
(Recreation Infrastructure Funding)
2009-631
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT By-Law 2009-134 be read a second and third time and finally
passed;
AND THAT By-Laws Z574-2009,Z575-2009,2009-135 and 2009-138 be
read a first,second and third time and finally passed."
CARRIED UNANIMOUSLY
(f) By-Law 2009-139 A By-law to confirm all actions of Council
2009-632
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"That confirming By-law 2009-139 be read a first,second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2009-633
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
Page 11 of 12
Council Minutes December 17, 2009
"THAT the Council meeting be adjourned at 8:40 p.m.".
CARRIED UNANIMOUSLY
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