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Home My WebLink AboutJanuary 20, 2011 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville January 20,2011 7:00 PM The regular meeting of the Council of the Municipality of Bayham was held on Thursday, January 20,2011 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,Chief Building Official/Drainage Superintendent Bill Knifton,Fire Chief/By-Law Enforcement Officer Gord Roesch amd Water Wastewater Superintendent Ed Roloson 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 January 13,2011. (Not available at time of publishing) (b) Added Item(s) 2011-017 Moved by Councillor W Casier Seconded by Councilor E Ketchabaw ADDED ITEM(S) "THAT in accordance with Section 21 of Procedural By-Law 2002-93,Staff Memorandum C2011-01 regarding Dangerous Dog Appeal Committee and verbal Report regarding Harbour facilities be added to the agenda as items 8(d)and 11(1) respectively." CARRIED UNANIMOUSLY 4. DELEGATIONS (a) 7:00 p.m. -Wanda Hoshal presentation of donation to Museums Bayham Wanda Hoshal presented donations to the Edison Museum Building Fund on behalf of St. Luke's Anglican Church and the Hoshal family to Museums Bayham Board Chairman Bev Hickey. Page 1of10 Council Minutes January 20,2011 Mr. Hickey thanked Mrs. Hoshal for the donations. (b) 7:05 p.m. -Gregg Deming and Jenny Walther regarding Exotic Animal By-Law Mr Deming advised Council of their desire to purchase property in the Municipality and were approaching Council to advise of their interest in seeking an exemption from the Exotic Animal by-law for their 3 1/2 year old, 75 pound cougar, Karma which they intend to bring with them. They showed pictures of the animal in their domestic setting and outlined details of pen,fencing, tunnel from house to pen and monitoring precautions that are and would be taken as at their current location in Brant County.The cougar has a 20 year life expectancy and all four paws declawed. She is good with the couple's friends and has not been known to swat or nip anyone. Reference information was provided. With input from staff,Council will consider the request at the next Council meeting being held February 3rd. 5. INFORMATION ITEMS (a) Correspondence received from Ministry of Agriculture,Food and Rural Affairs regarding "Ontario Agricultural Irrigation Conference". File: A04 (b) Long Point Region Conservation Authority Board of Directors minutes of meeting held November 12,2010. File: A16 (c) Museums Bayham minutes of meeting held January 12,2011. File: C06 (d) Bayham Harbourfront Committee minutes of meeting held January 11,2011. File: C06 (e) Otter Valley Chamber of Commerce minutes of meeting held January 4, 2011. File: C06 U) Lake Erie Region Source Protection Committee minutes of meeting held November 4, 2010. File: E00 (g) Correspondence received from Ministry of the Environment regarding"Second Extension of the 2007 Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem". File: M07 (h) Heads Up Alert from Ontario Good Roads Association regarding "Premier McGuinty Confims Attendance for the 2011 ROMA/OGRA Conbined Conference". File: A04 Page 2 of 10 Council Minutes January 20,2011 2011-018 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT information items 5(a)through 5(h)be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION& TOURISM (a) Staff Report D2011-01 regarding"Csinos Severance E58/10". File: D10.10 Csinos 2011-019 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT Staff Report D2011-01 regarding the Csinos severance be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance application E58/10,submitted by Csinos Farms Ltd.,be granted subject to conditions: 1.rezoning of the subject lands to Rural Residential(RR)Zone 2.copy of the final survey be provided to the municipality 3.Letter of Undertaking be provided to the municipality confirming the proposed severed lands will merge on title with the adjacent residential lot." Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct and requested a recorded vote. In Favour Opposed Councillor Casier Deputy Mayor Taylor Mayor Ens Councillor Ketchabaw Councillor Southwick Motion Carried on a vote of 4 to 1 in favour (b) Staff Report D2011-02 regarding'Ball Severance E60/10". File: D10.10 Ball 2011-020 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT Staff Report D2011-02 regarding the Ball severance be received; Page 3 of 10 Council Minutes January 20, 2011 AND THAT Council recommend to the Elgin County Land Division Committee that severance application E60/10, submitted by Audrey Ball, be granted subject to conditions: 1. Minor Variance to recognize a reduced westerly side yard setback of the existing garage 2. copy of the final survey be provided to the municipality 3. Letter of Undertaking be provided to the municipality confirming the proposed severed land will merge on title with the adjacent commercial lot." Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct and requested a recorded vote. In Favour Opposed Councillor Casier Deputy Mayor Taylor Mayor Ens Councilor Ketchabaw Councillor Southwick Motion Carried on a vote of 4 to 1 in favour (c) Correspondence received from Town of Tillsonburg regarding "Tillsonburg VanNorman Industrial Area Community Improvement Plan Area". File: D00 2011-021 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT correspondence from Town of Tillsonburg regarding Tillsonburg VanNorman Industrial Area Community Improvement Plan Area be received for information." CARRIED UNANIMOUSLY fid) Correspondence received from Otter Valley Chamber of Commerce regarding "cross border ferry service". File: D06 2011-022 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT correspondence from Otter Valley Chamber of Commerce regarding cross border ferry service be received." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE & DRAINAGE Page 4 of 10 Council Minutes January 20, 2011 8. PROPERTY, BUILDING& PROTECTIVE SERVICES (a) Staff Report P2011-001 regarding "Building Department Year End Report 2010". File: P10 2011-023 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report P2011-001 regarding Building Department Year End Report 2010 be received for information." CARRIED UNANIMOUSLY (b) Staff Report P2011-004 regarding"Building Permit Fees". File: P10 2011-024 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report P2011-004 regarding information on Building Permit Fees be received; And that Staff be instructed to provide an amended Building By-Law to recognize the proposed increase in Building Permit Fees." CARRIED UNANIMOUSLY (c) Staff Report P2011-002 regarding "By-Law Yard Maintenance". File: P01 2011-025 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "That staff report P2011-002 regarding By-law Enforcement in the Municipality of Bayham be received; AND THAT Council direct staff to establish a committee that will review the current Yard Maintenance By-law,By-law enforcement policy and procedures and report back to council with recommendations." CARRIED UNANIMOUSLY (d) Staff Memorandum C2011-01 regarding"Dangerous Dog Appeal Committee. File: P01 2011-026 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier Page 5 of 10 Council Minutes January 20, 2011 "THAT Staff Memorandum C2011-01 regarding Dangerous Dog Appeal Committee be received; AND THAT Council appoint all members of Council to the Dangerous Dog Appeal Committee; AND THAT the Committee conduct the required hearing on February 7th,2011 at 7:00 p.m." CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION&PERSONNEL (a) Cheque Register being Cheque#9823 to Cheque#9853 inclusive totaling$47,185.17 and Payroll Disbursements for the period ending January 9,2011,2011 totaling $36,850.32. 2011-027 Moved by Councillor W Casier Seconded by Councilor E Ketchabaw "THAT Cheque Register being Cheque#9823 to Cheque#9853 inclusive totaling $47,185.17 and Payroll Disbursements for the period ending January 9,2011 totaling$36,850.32 be approved." CARRIED UNANIMOUSLY (b) Notice regarding "ROMA/OGRA 2011 Delegation Request". File: A04 2011-028 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT notice regarding ROMA/OGRA 2011 Delegation Request be received; AND THAT staff be directed to arrange a meeting with the Minister of the Environment with respect to the Richmond Water System." CARRIED UNANIMOUSLY (c) Staff Memorandum regarding "Boundaries Act-Process Overview". File: S09 Councillor Ketchabaw requested a recorded vote on the following two resolutions. 2011-029 Moved by Councillor T Southwick Seconded by Deputy Mayor M Taylor Page 6 of 10 Council Minutes January 20, 2011 "THAT the Municipality of Bayham make application under the Boundaries Act regarding the Estherville Cemetery property in the vicinity of the Glen Erie Line and Plank Road." In Favour Opposed Mayor Ens Councillor Casier Councillor Southwick Councillor Ketchabaw Deputy Mayor Motion Carried on a vote of 3 to 2 in favour 2011-030 Moved by Councillor T Southwick Seconded by Deputy Mayor M Taylor "THAT the Municipality of Bayham make application under the Boundaries Act regarding Block U in vicinity of Plank Road Vienna. In Favour Opposed Councillor Southwick Councillor Casier Deputy Mayor Taylor Mayor Ens Councillor Ketchabaw Motion Defeated on a vote of 3 to 2 opposed (d) Staff Report C2011-02 regarding "Council Service Recognition". File: A09 2011-031 Moved by Councillor W Casier Seconded by Councilor E Ketchabaw "THAT Staff Report C2011-02 regarding Council Service Recognition be received; AND THAT Council adopt the policy for Council Service Recognition as attached to report C2011-02." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Quarterly Report for the Bayham Water Distribution System and Call Ins for period ending December 31, 2010. File: E08 It was suggested that costs for call-ins required as a result of an accident be re-couped from contractors or through insurance claims. 2011-032 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier Page 7 of 10 Council Minutes January 20, 2011 "THAT Quarterly Report for the Bayham Water Distribution System and Call Ins for period ending December 31,2010 be received for information." CARRIED UNANIMOUSLY (b) Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the period ending December 31,2010 and Elgin St. Thomas Public Health Directive Document(Inspection Report) for the Straffordville Community Centre. File: E08 It was noted that the drinking water system at the Bayham(Straffordville) Community Centre is under a directive from Elgin St. Thomas Public Health delivered January 17,2011. Inspections are also likely to be conducted for the Straffordville Medical building, Municipal office, Library, Firehall and Eden Community Centre in the near future. 2011-033 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the period ending December 31,2010 and Elgin St.Thomas Public Health Directive Document for the Straffordville Community Centre be received for information." CARRIED UNANIMOUSLY (c) Quarterly Report for the Richmond Community Water System and Call Ins for the period ending December 31, 2010. File: E08 It was noted that a copy of the Richmond Community Water System report will be sent to Richmond water user households and posted on the Municipal website. 2011-034 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Quarterly Report for the Richmond Community Water System and Call Ins for the period ending December 31, 2010 be received for information." CARRIED UNANIMOUSLY (d) Port Burwell Wastewater Treatment Plant Annual Compliance Summary, Call Ins and Biosolids Application Analysis for the period ending December 31,2010. File: E08 2010-035 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw Page 8 of 10 Council Minutes January 20,2011 "THAT Port Burwell Wastewater Treatment Plant Annual Compliance Summary, Call Ins and Biosolids Application Analysis for the period ending December 31, 2010 be received for information." CARRIED UNANIMOUSLY MOTION TO EXTEND LENGTH OF MEETING 2011-036 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT in accordance with Section 12 of Procedural By-Law 2002-93,Council shall deal with business until 11:15 p.m. at it meeting of January 20,2011." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2011-037 Moved by Councilor E Ketchabaw Seconded by Deputy Mayor M Taylor "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 10:30 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 January 13,2011. (Not available at time of publishing) (c) Confidential Report regarding litigation or potential litigation, including matters before administrative tribunals,affecting the municipality or local board. (Tax Sale Properties) (d) Confidential Report regarding litigation or potential litigation, including matters before administrative tribunals,affecting the municpality or local board. (Project Ojibwa) (e) Confidential Report regarding labour relations or employee negotiations. (Firefighter Training Attendance) (f) Out of Camera. 2011-038 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw Page 9 of 10 Council Minutes January 20,2011 "THAT the Committee of the Whole do now rise from the "In Camera" session at 11:10 p.m." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law 2011-007 A By-law to confirm all actions of Council 2011-039 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor "THAT confirming By-Law 2011-007 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2011-040 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor "THAT the Council meeting be adjourned at 11:12 p.m." CARRIED UNANIMOUSLY il,e.J/t4 ea,ze/ YOR CLERK Page 10 of 10