HomeMy WebLinkAboutSeptember 04, 2008 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
Thursday September 4, 2008
7:00 p.m.
8:00 p.m. Public Meeting- Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
September 4, 2008 in 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.
Chief Building Official/Drainage Superintendent Bill Knifton in attendance to present his
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
Minutes of the regular meeting of Council held August 7, 2008
2008-433 Moved by C Evanitski
Seconded by M Taylor
"THAT minutes of the regular meeting of Council held August 7,2008 be approved
as circulated."
Disposition: Motion Carried Unanimously
ADDED ITEM
2008-434 Moved by E Ketchabaw
Seconded by W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
correspondence received from"Cindy's Angels Committee" dated September 1,
2008 be added to the agenda as item 9.1(e)."
Council Minutes - 210 - September 4, 2008
Disposition: Motion Carried Unanimously
4. DELEGATIONS
7:01 p.m. —Scott Brunelle—spoke about his trip to the 2008 HOBY World Leadership
Congress in Washington, D.C.
5. INFORMATION ITEMS
2008-435 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT information items 5(a) through 5(m) be received for information."
Disposition: Motion Carried Unanimously
(a) Correspondence dated August 13, 2008 from Minister of Transport regarding"Building
Canada plan".
File: A16
(b) Long Point Region Conservation Authority Full Authority draft minutes of meeting held
July 2, 2008.
File: A16
(c) Correspondence dated August 21, 2008 from the Association of Municipalities of Ontario
regarding"Ontario Small Waterworks Assistance Program—Part 2".
File: A01
(d) Correspondence dated August 8,2008 from Scott Brunelle regarding"2008 HOBY
World Leadership Congress".
File: C13
(e) Correspondence dated July 30, 2008 from Ontario Federation of Anglers and Hunters
regarding"Responsible Hunting".
File: A01
(0 Correspondence dated August 20, 2008 from Township of North Stormont regarding
support of resolution from the Township of Muskoka Lakes.
File: C10
(g) Correspondence dated August 13, 2008 from the Town of Halton Hills requesting support
of resolution adopted August 11, 2008.
File: C10
Council Minutes -211 - September 4, 2008
(h) Correspondence dated August 20,2008 from City of St. Thomas regarding"CAW Local
2168—Manufacturing Matters—Resolution".
File: C10
(i) Correspondence from City of Owen Sound seeking support for the sales tax exemption
for Ontario Police Services purchases.
File: C10
(j) Correspondence from City of Owen Sound seeking support for municipalities being
exempt from provincial sales tax on goods and services.
File: C10
(k) Correspondence from the Corporation of the Town of Milton seeking support for
Resolution#333-08 requesting the Minister of the Environment consider placing a
deposit/return system on aluminum and plastic drink containers.
File: C10
(1) Correspondence dated July 28, 2008 from Township of Galway-Cavendish &Harvey
seeking endorsement of resolution adopted at Council meeting July 22, 2008.
File: C10
(m) Museums Bayham draft minutes of meeting held August 13,2008.
File: C06
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2008-038 regarding Reitsma Severance E48/08.
File: D10
2008-436 Moved by W Casier
Seconded by C Evanitski
"THAT Staff Report D2008-038 be received:
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E48/08, submitted by Tina and Harry Reitsma, be approved
subject to:
1. $500 cash-in-lieu of parkland dedication fee
2. lot grading plan for the proposed residential lot
3. water quality testing reports for nitrates and bacteria content
required on proposed residential lot
4. water quantity testing report required for the proposed residential lot
5. municipal lot assessment to determine soil suitability for a private
septic system
Council Minutes - 212 - September 4, 2008
6. copy of the fmal survey be provided to the municipality."
Disposition: Motion Carried Unanimously
(b) Staff Report D2008-039 regarding Keil Severances E53/08 and E54/08.
File: D10
2008-437 Moved by E Ketchabaw
Seconded by W Casier
"THAT Staff Report D2008-039 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance applications E53/08 and E54/08, submitted by Werner Keil, be approved
and each is subject to:
1. $500 cash-in-lieu of parkland dedication fee
2. lot grading plan
3. provision of water quality testing reports for nitrates and bacteria
content
4. provision of water quantity testing report
5. municipal lot assessment to determine soil suitability for a private
septic system
6. copy of the fmal survey be provided to the municipality
7. apportionment of assessment for drainage as per the Drainajie Act
requirements
8. rezoning to remove the "Holding" provision."
Disposition: Motion Carried Unanimously
(c) Staff Report D2008-040 regarding Graydon Site Plan Agreement and Rezoning to
Remove Holding(Kirwin&Oatman).
File: D l i
2008-438 Moved by C Evanitski
Seconded by E Ketchabaw
"THAT Staff Report D2008-040 be received:
AND THAT By-law 2008-086, being a By-law to authorize the execution of a Site
Plan Agreement with Brian Graydon, be presented to Council for enactment;
AND THAT the zoning on a parcel owned by Brian Graydon, as described as Part
Lot 19 Concession 11,Registered Plan 11R8929 Part 1, be changed from Rural
Industrial—Holding (M2-h) to Rural Industrial(M2) Zone;
Council Minutes - 213 - September 4, 2008
AND THAT Zoning By-law Z567-2008 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Staff Report DR2008-020 regarding Richmond Outlet Drain.
File: E09
2008-439 Moved by W Casier
Seconded by C Evanitski
"THAT Staff Report DR2008-020 regarding apportionment of assessments
contained within the Richmond Outlet Drain be received;
AND THAT the Drainage Superintendent's reassessment as set out in
"Agreement between Property Owners for Drainage Apportionment due to
Land Severance or Sale" as executed by Alda Crouse and Lawrence Crouse
is hereby filed and accepted by Council;
AND THAT By-law#2008-085 being a By-law to amend the drainage
assessment for those lands identified as Assessment Roll#34-01-000-007-
12300 in the watershed of the Richmond Outlet Drain referred to in
Engineer's Report forming part of Bayham Township By-law#2008-023, be
presented to Council for enactment."
Disposition: Motion Carried Unanimously
(b) Staff Report PW2008-003 regarding Culvert Replacement Project. Administrator
provided report at time of meeting
File:
2008-440 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report PW 2008-003 regarding Culvert Replacement Project be
received;
Council Minutes - 214 - September 4, 2008
AND THAT the lowest tender submitted by Van Bree Drainage & Bulldozing
Limited dated September 4, 2008, for the Light Line Culvert Replacement Project,
in the amount of$294,680.93 inclusive of taxes, be accepted;
And That By-law No. 2008-087 to authorize execution of a contract
agreement with Van Bree Drainage & Bulldozing Limited be presented to
Council for consideration.
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING
2008-441 Moved by E Ketchabaw
Seconded by W Casier
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Drainage Act."
Disposition: Motion Carried Unanimously
7.(a) 8:00 p.m. —Otters Edge Municipal Drain—to consider Spriet Associates
Engineer's Report#206065 dated June 26, 2008 which was received by the Clerk
July 14, 2008.
File: E09
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation:Drainage Superintendent Bill Knifton presented Staff Report
D2008-019. He explained that the Engineers Report for this project was started in
2007. He noted that one letter was received from Mr. Bob Heimbuch objecting
and requesting to be removed from the report.
John Spreit Jr., Engineer, was present and explained that the Petition for Drainage
Work was initiated by the County of Elgin and Jammie Underhill due to ponding
water in the triangular area in front of the Otter's Edge Estates mobile home park.
He added that the name of the drain would be the"Otter's Edge Drain".
4. Council Comments and Questions
When asked by Councillor Taylor as to how Branch#2 affects southside lands,
Mr. Spriet responded by saying that the road acts as a barrier and catch basins are
being installed to deal with the water. He added that Mr. Underhill is also looking
for an outlet for his property on the south side of Hwy 19.
Council Minutes - 215 - September 4, 2008
Councillor Taylor asked if there is a real issue with water on the south side as he
has only ever seen water lying in the triangle area.
Mr. Spriet responded that Underhill's farmlands are in need of drainage and he
has requested water outlet.
Councillor Casier questioned as to what, if any, are Mr. Heimbuch's options in
being removed from the report.
Mr. Spriet stated that Mr. Heimbuch's name could be removed. Mr. Spriet added
that the main drain runs down across A. Underhill's property into Branch#2 then
down to the creek and that Mr. Heimbuch is assessed for the outlet in the amount
of$706.00, as per page 10 of the report. In addition, Mr. Spriet explained that
Mr. Heimbuch would be responsible for paying the cost of revising the report at
approximately$700.00.
Councillor Evanitski commented on an example in Corinth where a person had signed a
petition and asked to be removed. That person still had to pay$600.00.
Mr. Spriet acknowledged the best time to remove a name is at the initial meeting when
the costs are initially provided, not now when the costs are incurred.
Councillor Casier questioned Bill Knifton as to whether Mr. Heimbuch is aware of the
required costs. B.Knifton responded by saying that he had a conversation with Mr.
Heimbuch and advised him of the approximate costs but still has to advise exactly how
much it will cost.
Councillor Ketchabaw asked Mr. Spriet to explain the percentage of maintenance cost on
page 13 of the Report. Mr. Spriet explained that the percentage is prorated on"benefit"
to drain and location on the drain i.e. location at top end or bottom end and amount of
usage.
S. Public Comments
A. Keith Underhill stated that the proposed drain crosses his property on north side of
Hwy 19. He questioned if LPRCA had been consulted on this drain and added that
the LPRCA said that his land couldn't be built on due to erosion issues. Mr. Underhill
stated that if the drain runs through the property it makes the property even more useless.
He expressed concern that the soil and trees would be disturbed along the creek bank and
questioned as to where the responsibility lies in the repair of those lands. He asked why
the drain couldn't be placed across Jammie Underhill's property and then through Otter's
Edge property to the creek.
Mr. Spreit stated that the most desirable area is across A. Underhill's property with a 2:1
slope. He added that erosion at the bottom end of the drain would be controlled using a
filter blanket, gravel, soil and seeding surrounding the outlet.
Council Minutes - 216 - September 4, 2008
Mr. A. Underhill asked why take the chance of more erosion of the creek bank. He
suggested taking the pipe through the mobile home park starting back at the
road.
Mr. Spriet responded by saying that it would be a longer route and more expensive to go
through Otter's Edge and it would still have to cross the road.
When asked by Mr. A. Underhill if he would be billed for maintenance cost,
Mr. Spriet responded by saying that he would not.
Councillor Taylor questioned how close the drain is to property lines on A. Underhill's
land to which Mr. Spriet responded by saying it is 5 metres and that it could be located
closer to the lot line if necessary.
Mr. A. Underhill stated LPRCA deemed the property has "toe erosion" and to disturb the
top of the bank will cause more serious problems.
Mr. Spriet assured Council that in other places this type of restoration using filter cloth,
gravel and seeding on the bank has been done with great success.
Mr. Jammie Underhill stated that the existing basin and 8"pipe at the corner of his
property at the entrance to the park is not large enough to handle the water, the
condition of it is not known and the age of the pipe cannot be confirmed.
Mr. Knifton suggested adjourning until the next meeting to obtain and advise Mr.
Heimbuch of the exact costs by letter and he will have the option to reconsider.
Mr. A Underhill stated he does not trust the County to carry this out. He feels that
the drain still needs to go along Jammie Underhill's property.
6. Adjournment
2008-442 Moved by W Casier
Seconded by E Ketchabaw
"THAT the Public Meeting be adjourned at 8:35 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Items
2008-443 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report D2008-019 be deferred until September 18,2008.
Council Minutes - 217 - September 4, 2008
Disposition: Motion Carried Unanimously
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
I. CORRESPONDENCE&REPORT
(a) Building Permit Report for the month ending August 31, 2008.
File: P10
2008-444 Moved by W Casier
Seconded by E Ketchabaw
"THAT Building Permit Report for the month ending August 31,2008 be received
for information."
Disposition: Motion Carried Unanimously
(b) Correspondence dated August 1, 2008 from Long Point Region Conservation Authority
regarding plans to build a new administration office.
File: A16
2008-445 Moved by E Ketchabaw
Seconded by W Casier
"THAT correspondence dated August 1,2008 from Long Point Region
Conservation Authority regarding plans to build a new administration office
be received for information."
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#4977 to Cheque#5069 inclusive, totaling
$318,334.13 and Payroll Disbursements for the period ending August 10, 2008
and August 24, 2008, totaling$57,965.19 and$55,870.56 respectively.
2008-446 Moved by W Casier
Seconded by C Evanitski
Council Minutes - 218 - September 4, 2008
"THAT Cheque Register being Cheque#4977 to Cheque#5069 inclusive,
totaling$318,334.13 and Payroll Disbursements for the period ending August
10,2008 and August 24,2008,totaling$57,965.19 and $55,870.56 respectively
be approved."
Disposition: Motion Carried Unanimously
(b) Staff Memorandum dated August 27, 2008 regarding Volunteer Recognition Night 2008.
File: M08
2008-447 Moved by C Evanitski
Seconded by E Ketchabaw
"THAT Staff Memorandum regarding Volunteer Recognition Night 2008 be
received;
AND THAT Council confirm the 2008 Volunteer Recognition night be held
November 27,2008 at the Bayham community Centre"
Disposition: Motion Carried Unanimously
(c) Correspondence dated August 28, 2008 from Straffordville Community Committee
requesting use of the municipal sign.
File: C13
2008-448 Moved by W Casier
Seconded by C Evanitski
"THAT Correspondence dated August 28,2008 from Straffordville Community
Committee requesting use of municipal sign to thank volunteers, sponsors and the
community be received;
AND THAT Council grants permission to use the sign as requested, subject to
Municipal needs."
Disposition: Motion Carried Unanimously
(d) Press Release from Steve Peters, MPP,regarding"Over$8.8 million investment in local
municipal infrastructure". NOTE: Request from Councillor Casier that Council
consider requesting County of Elgin utilize funding for Calton Line
File: A16
Council Minutes -219 - September 4, 2008
2008-449 Moved by W Casier
Seconded by C Evanitski
"THAT Press Release from Steve Peters, MPP, be received;
AND THAT a request be made to the County of Elgin that funding be utilized for
Calton Line repairs."
Disposition: Motion Carried Unanimously
ADDED ITEM
(e) 2008-450 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT the correspondence dated September 1, 2008 from Cindy's Angels
Committee requesting a rental fee waiver for the use of the Bayham
Community Centre on September 27th, 2008 be received;
AND THAT the rental fee be waived and the organizers be responsible for
applicable cleaning fees for the event."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS No Items
11. COMMITTEE OF THE WHOLE
2008-451 Moved by W Casier
Seconded by M Taylor
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 9:04 p.m. to discuss:
❑ personal matters about an identifiable individual,including municipal or
local board employees;
❑ a proposed or pending acquisition or disposition of land by the
municipality or local board."
Disposition: Motion Carried Unanimously
Council Minutes -220 - September 4, 2008
2008-452 Moved by M Taylor
Seconded by W Casier
"THAT the Committee of the Whole do now rise from the"In Camera" session at
10:30 p.m."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Closed session minutes of the regular meeting of Council held August 7, 2008.
(b) Staff Report H2008-08 regarding a confidential personal matter.
Deferred from August 7, 2008 meeting
2008-453 Moved by M Taylor
Seconded by W Casier
"THAT Staff Report H2008-08 be received;
AND THAT staff be authorized to proceed with the hiring process for the
position of Manager of Public Works as outlined in report 112008-08, and
that any necessary by-laws and posting under the pay equity proceed."
Disposition: Motion Carried Unanimously
(c) Discussion regarding a Personal Matter.
Deferred from August 7,2008 meeting
(d) Confidential Report regarding land acquisition/disposition.
(e) Confidential Report regarding land acquisition/disposition.
(f) Confidential Report regarding land acquisition/disposition.
(g) Confidential Report regarding a personal matter.
12. BY-LAWS
By-law Z567-2008 A By-law to further amend Bayham Zoning B/L Z456-2003
(Graydon)
Council Minutes - 221 - September 4, 2008
By-law 2008-084 A Provisional By-law to provide for Drainage Works (Otters Edge
Drain)
By-Law 2008-085 A By-law to further amend B/L 2008-023 (Richmond Outlet
Drain)
By-law 2008-086 A By-law to authorize the execution of site plan agreement(Graydon)
By-law 2008-087 A By-law to authorize the execution of a contract agreement (Light
Line Culvert Replacement)
By-law 2008-091 A By-law to confirm all actions of Council
2008-454 Moved by M Taylor
Seconded by W Casier
"THAT By-law Z567-2008,2008-085,2008-086 and 2008-087 be read a first, second
and third time and finally passed."
Disposition: Motion Carried Unanimously
2008-455 Moved by C Evanitski
Seconded by W Casier
"THAT confirming By-law 2008-091 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2008-456 Moved by C Evanitski
Seconded by E Ketchabaw
"THAT the Council meeting be adjourned at 10:35 p.m."
Disposition: Motion Carried Unanimously
F
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MAYOR ' !JSP CL 1 RK 1
Date Approved: 490/rat) ) i QOO-3