HomeMy WebLinkAboutFebruary 04, 2010 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
Thursday,February 4,2010
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,February
4,2010 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.
Chief Building Official/Drainage Superintendent Bill Knifton,Planning Coordinator/Deputy Clerk
Margaret Underhill 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
Mayor Acre declared a pecuniary interest in items 10(e)and(h)as she is part owner in the
Richmond Water System.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held January 14,2010.
2009-024
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the minutes of the regular meeting held January 14,2010 be
approved as circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS
(a) 7:00 p.m. - Elgin County OPP Inspector-Detachment Commander Ryan Cox,
Police Services Board representatives Tom Marks,John Wilson and Kathleen
Schaper regarding OPP 2009 Year End Report, Estimates for 2010 OPP Billing,
2010 Traffic Management Strategy and Police Services Board 2010 Budget.
Item 8(a)
Vice-Chair John Wilson,PSB, presented an overview of the 2010 budget estimates
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Council Minutes February 4,2010
for the Elgin County Group policing services for a total of$5,484,471 of which
$714,846 is a 13.03%allocation for Bayham. He also noted a decrease in the 2010
Police Services Board budget to$21,210 of which the Bayham share is $2,765.
Inspector Cox presented the Detachment Commander's Elgin Group 2009 year end
report and the Traffic Management Strategy for 2010.He noted that domestic
disputes resulted in increased responses to 50 incidents and that RIDE program
success was responsible for a reduction to one motor vehicle collision death related
to alcohol.
(b) 7:20 p.m. - Vienna Citizens Group regarding Vienna's Old Town Hall.
Ms.Jan Collins represented the group and thanked Council for advertising the
caroling night on the municipal sign. She emphasized disappointment at the failure of
the Ontario Trillium Foundation to support the Vienna town hall study. She
expressed a desire to meet with municipal representatives to discuss options to go
forward in their efforts to save the building.
(c) 7:30 p.m. -Matt Redsell regarding Water&Sewer Rates.
Matthew Redsell raised his concerns that ways to reduce ongoing costs for the
operation of the water and wastewater systems are not being pursued.He suggested
that the current billing method penalizes small water users who conserve.He
provided information from the Town of Aylmer regarding alternative treatment
proposal for their sewage lagoons dated August 13,2007. He suggested better
efforts could be made to recycle drinking water.
Staff noted that plumbing permits required under current provincial regulations exist
to prevent cross contamination and resulting health issues.
(d) 7:40 p.m. - Wanda Hoshal- regarding Estherville Cemetery.
Mrs.Hoshal suggested the plight of those lost in the recent Haitian earthquake are in
contrast to those resting places known and recorded as burials in the Estherville
cemetery.On behalf of the pilgrims of Estherville,Mrs.Hoshal thanked Council for
use of the Council Chambers to host the January 8th meeting with Steve Peters,
MPP and Ministry staff. She noted that the documents accumulated had been
copied for the municipality's files. She suggested that possession of these records
would provide incentive for Council to right the wrongs.
It was confirmed by staff that no further communication from Mr. Peters' office had
been received. Councillor Taylor thanked the pilgrims for their time and efforts.
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Council Minutes February 4, 2010
5. INFORMATION ITEMS
(a) Correspondence dated January 11,2010 from Association of Municipalities of
Ontario regarding "2009 Successes and 2010 Annual Conference".
File: A01
(b) Correspondence dated December 15,2009 from Ministry of Municipal Affairs and
Housing regarding"Revised Planning Act regulations to comply with
recommendations of the Propane Safety Review Panel".
File: A16
(c) Correspondence from Ontario Good Roads Association regarding "Report of the
2010- 2011 Nominating Committee".
File: A01
(d) News Release dated January 14& 19,2010 from Ontario Provincial Police
regarding various matters.
File: P17
(e) Elgin Group Police Services Board minutes of meeting held November 18,2009.
File: C06
(f) Bayham Health&Safety Committee minutes of meeting held November 27,2009.
File: C06
(g) Lake Erie Region Source Protection Committee minutes of meeting held December
3,2009.
File: E00
2010-025
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT information items 5(a)through 5(g)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
(a) Staff Report D2010-03 regarding Residential Accessory Uses- Commercial Zones.
File: D14
Following discussion,Council was in agreement that basement apartments,built to
code are an accepted practice in today's society. In addition,they concurred that
the occupants needn't be restricted to accessory uses by an owner or tenant of the
business operating in a commercial zone property.
Page 3 of 14
Council Minutes February 4, 2010
2010-026
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report D2010-03 regarding accessory residential uses be
received;
AND THAT Staff be directed to proceed with amending the Zoning By-law
to address issues regarding residential accessory uses in commercial
zones."
CARRIED UNANIMOUSLY
(b) Staff Memorandum regarding County Official Plan Process.
File: D08
2010-027
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Memorandum regarding County Official Plan Process be
received for information."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE&DRAINAGE
(a) Staff Report DR2010-001 regarding Smith Drain Branch No. 7.
File: E09
2010-028
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report DR2010-001 regarding the Smith Drain Branch No.7
be received;
THAT the Council of the Municipality of Bayham acknowledges the receipt
of Report#208347 dated December 29,2009 for the Smith Drain Branch
No.7,as prepared by the Engineer, Spriet Associates,and filed with the
Clerk on January 19,2010;
THAT Council set a date for the Public Meeting to be held on February 18,
2010 at 8:00 p.m. to consider the Report;
AND THAT Staff be directed to mail a Notice of Public Meeting and Report
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Council Minutes February 4,2010
to all persons assessed to this drainage works,and in accordance with the
Drainage Act."
CARRIED UNANIMOUSLY
(b) Staff Report PR2010-01 regarding Road Closure Application- Elm Street
Allowance.
File: 109
Based on precedents,concerns were raised that the resulting requirement for a
minor variance application may not be successful should the application proceed as
proposed. Subsequently, lack of support for such a minor variance would then
preclude the property from being developed. It was suggested that the applicant
come up with an alternate configuration of the road allowance prior to conveyance
to abutting property owners.
2010-029
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report PR2010-01 regarding Road Closure Application—Elm
Street Allowance be received;
AND THAT staff be directed to initiate required procedures pursuant to the
Municipal notice by-law to close an unopened portion of the Elm Street road
allowance north of Chestnut Street in Vienna,provided the applicants pay
required expenses, and that upon closure of the road,the lands be conveyed
to the abutting property owners at appraised value."
Councillor Taylor noted his opposition to decisions made based on
assessment mapping not necessarily being correct.
CARRIED
S. PROPERTY,BUILDING&PROTECTIVE SERVICES
(a) Elgin County OPP correspondence regarding OPP 2009 Year End Report,
Estimates for 2010 OPP Billing,2010 Traffic Management Strategy and Police
Services Board 2010 Budget.
File: P17
2010-030
Moved by Councillor W Casier
Seconded by Councillor M Taylor
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Council Minutes February 4,2010
"THAT Elgin County OPP 2009 Year End Report be received;
THAT Council supports Estimates for 2010 OPP Billing;
THAT 2010 Traffic Management Strategy be received;
AND THAT Council supports Police Services Board 2010 Budget."
CARRIED UNANIMOUSLY
(b) Staff Report P2010-001 regarding Building Department Year End Report 2009.
File: P10
2010-031
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT Staff Report P2010-001 regarding Building Department Year End
Report 2009 be received for information."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheque#7820 to Cheque#7979 inclusive,except Cheques
#7833 and#7952 totaling$843,360.87 and Payroll Disbursements for the period
ending January 10&24,2010 totaling$57,973.09 &$41,942.04 respectively.
2010-032
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT Cheque Register being Cheque#7820 to Cheque#7979 inclusive,
except Cheques#7833 and#7952 totaling$843,360.87and Payroll
Disbursements for the period ending January 10&24,2010 totaling
$57,973.09 and$41,942.04 respectively be approved."
CARRIED UNANIMOUSLY
(b) Staff Memorandum regarding RED and CAF Funding Reallocation.
File: F05
2010-033
Page 6 of 14
Council Minutes February 4,2010
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"THAT Staff Memorandum regarding RED and CAF Funding Reallocation
be received."
CARRIED UNANIMOUSLY
(c) Correspondence dated January 15,2010 from Eden&Area Community Centre
regarding renovation.
File: A19
Staff advised that the group would need to ensure that any work be done by
qualified contractors and that the contractors are made aware of the building
deficiencies.
2010-034
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT correspondence dated January 15,2010 from Eden and Area
Community Centre regarding renovation be received;
THAT Council grants permission for the group to carry out renovations to
remove the wall between rooms 3 and 4 on the east end of the hall building;
AND THAT all associated costs for the proposed work be done at the
expense of the group."
CARRIED UNANIMOUSLY
(d) Draft By-Law 2010-008 being a by-law to appoint Municipal officers and
employees for the Municipalilty of Bayham.
File: 2010-008
2010-035
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT By-Law 2010-008,being a by-law to appoint Municipal officers and
employees,be presented to Council for enactment."
CARRIED UNANIMOUSLY
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Council Minutes February 4, 2010
(e) Staff Memorandum C2010-01 regarding Council Meeting Schedule.
File: A09
2010-036
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Memorandum C2010-01 regarding Council Meeting
Schedule be received;
THAT the 2010 regular monthly Council meeting schedule for March,July an d
August be amended to rescheduled meetings to the following dates only:
March 4th July 15th August 12th
AND THAT the regular meeting schedule apply to April,May and June and
resume on September 2nd.,,
CARRIED UNANIMOUSLY
(f) Staff Report C2010-001 regarding 2010 Fence Viewer Appointments.
File: C12
Council directed staff to contact potential persons to fill the vacancy,prior to
appointment,to confirm willingness to serve.
2010-037
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report C2010-001 regarding Fence Viewer Appointments be
received;
AND THAT By-law 2010-006,being a by-law to extend the appointment of
members to the Fence Viewer Committee for a term to expire December 31,
2010,be presented to Council for enactment."
CARRIED UNANIMOUSLY
•
(g) Staff Report C2010-002 regarding 2010 Committee/Board Appointments.
File: C12
2010-038
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Council Minutes February 4,2010
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Staff Report C2010-001 regarding Committee/Board
Appointments be received;
AND THAT By-law 2010-001,being a by-law to appoint members to the
various boards and committees of Council,as discussed,be presented to
Council for enactment."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Bayham Water Distribution System Quarterly Report for the period ending
December 31,2009 and Call Outs.
File:E08
Water/Wastewater Superintendent Ed Roloson commented that the sewage
treatment plant has incorporated state of the art technology and warrants community
pride.He added that regulations are very stringent for both water and wastewater
and staff are proud of the standards they maintain.Resultant biosolids from the
process are very desirable for agricultural application.
2010-039
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Bayham Water Distribution System Quarterly Report for the period
ending December 31,2009 and Call Outs be received for information."
CARRIED UNANIMOUSLY
(b) Bayham Small Municipal Non Residential Wells Quarterly Report for the period
ending December 31,2009.
File: E08
2010-040
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Bayham Small Municipal Non Residential Wells Quarterly Report
for the period ending December 31,2009 be received for information."
CARRIED UNANIMOUSLY
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Council Minutes February 4,2010
(c) Port Burwell Wastewater Treatment Plant Quarterly Report ending December 31,
2009 including Biosolids Application Analysis and Call Outs.
File: E08
2010-041
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Port Burwell Wastewater Treatment Plant Quarterly Report ending
December 31,2009 including Biosolids Application Analysis and Call Outs
be received for information."
CARRIED UNANIMOUSLY
(d) Staff Report E2010-003 regarding Summary of Amendments to O.Reg. 170/03
related to Community Lead Testing Programs.
File: E01
2010-042
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Staff Report E2010-003 regarding Summary of Amendments to
O.Reg 170/03 related to Community Lead Testing Programs be received for
information."
CARRIED UNANIMOUSLY
(e) Staff Report E2010-02 regarding MOE Order- Richmond Water System.
File: E08
As items 10(e)and(h),were both related to the Richmond Water System these
items were discussed in succession. Mayor Acre,who had declared a conflict of
interest,vacated the chair during the discussion and Deputy Mayor Evanitski
assumed it. Following decisions on these two matters,Mayor Acre reassumed the
chair.
2010-043 •
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report E2010-02 regarding MOE Order—Richmond Water
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Council Minutes February 4,2010
System be received;
AND THAT staff be authorized and directed to make staffing and
operational arrangements to operate the Richmond Community Water
System pursuant to the MOE Order dated January 20,2010,including the
recruitment of a part-time Operator."
CARRIED UNANIMOUSLY
(f) Staff Report E2010-001 regarding Household Hazardous Waste/Large Item
Disposal.
File: E09
2010-044
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report E2010-001 regarding Household Hazardous Waste/
Large Item Disposal be received;
AND THAT the 2010 Household Hazardous Waste and Large Item Drop-
off Day be arranged for Saturday May 29th,2010;
AND THAT Clean Harbors Canada Inc. be retained to manage the
Hazardous Waste Drop-off collection and disposal."
CARRIED UNANIMOUSLY
(g) Correspondence received January 19,2010 from John D. Wylie regarding"Utility
Bill- 23 Brock St.,Port Burwell.
File: C13
2010-045
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT correspondence received January 19,2010 from John D.Wylie
regarding Utility Bill-23 Brock St.,Port Burwell be received."
CARRIED UNANIMOUSLY
(h) Report regarding Richmond Community Water- Implementation Plan.
Page 11 of 14
Council Minutes February 4,2010
As items 10(e)and(h),were both related to the Richmond Water System these
items were discussed in succession.Mayor Acre,who had declared a conflict of
interest,vacated the chair during the discussion and Deputy Mayor Evanitski
assumed it.Following decisions on these two matters,Mayor Acre reassumed the
chair.
2010-046
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Report regarding Richmond Community Water-Implementation
Plan be received;
AND THAT the detailed Implementation Plan for the Richmond Community
Water System as prepared by Stantec Consulting Ltd.be approved and
submitted to the MOE for approval."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2010-047
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 10:25 p.m.to discuss:
• labour relations or employee negotiations."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held January 14,2010.
(c) Confidential verbal report regarding labour relations.
(d) Confidential verbal report regarding labour relations.
(e) Out of Camera.
Page 12 of 14
Council Minutes February 4,2010
2010-048
Moved by Deputy Mayor
Seconded by Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 10:51 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2010-001 A By-Law to appoint members to Boards and Committees
(b) By-Law 2010-006 A By-Law to appoint Fence Viewers and set remuneration
(c) By-Law 2010-008 A By-Law to appoint Officers and Employees
2010-049
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"THAT By-Laws 2010-001,2010-006 and 2010-008 be read a first,second
and third time and finally passed."
CARRIED UNANIMOUSLY
(d) By-Law 2010-010 A By-Law to confirm all actions of Council
2010-050
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT confirming By-Law 2010-010 be read a first,second and third time
and finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment •
2010-051
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
Page 13 of 14
Council Minutes February 4,2010
"THAT the Council meeting be adjourned at 10:52 p.m."
CARRIED UNANIMOUSLY
ryiir CLERK
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