HomeMy WebLinkAboutFebruary 18, 2010 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
Thursday,February 18,2010
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,February
18,20002in'tee 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 and Chief Building Official/Drainage
Superintendent Bill Knifton 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 February 4,2010.
2010-052
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the minutes of the regular meeting held February 4,2010 be
approved as circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS
(a) 7:05 p.m. - Representatives of the Aylmer- Central Elgin- Malahide Liaison
Committee regarding East Elgin Family Health Team.
Representatives present included Mayors Bob Habkirk(Aylmer),John Wilson
(Malahide),Tom Marks(Central Elgin)and Family Health Team board member
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Council Minutes February 18,2010
Shirley Biro.
Each spoke of the need for Bayham to be included at the table to further support
team efforts to recruit family physicians and address local health care needs in
eastern Elgin. It was noted that although the Province encourages interdisciplinary
collaboration in the medical field, fmancial support incentives are about to be
dropped.Although no budget operating figures were available, it was suggested that
the Municipality of Bayham consider financial support based on a 12%share of the
costs or on a per capita basis.
Council members were invited to attend a meeting on March 2nd for further
discussion with the Family Health Team and municipal representatives. Two
participating medical doctors are to lead the session. Due to Council commitments,
staff was requested to arrange for an alternate date for the proposed meeting so that
more members could attend.
5. INFORMATION ITEMS
(a) Correspondence dated February 2,2010 from Association of Municipalities of
Ontario regarding"Propelling Economic Prosperity- AMO Makes its 2010 Pre-
budget Submission".
File: A01
(b) Correspondence received February 11,2010 from Pitch-In-Canada regarding
"Operation Clean Sweep".
File: A01
(c) Correspondence dated March 29,2010 regarding"Local Food Connection:
Farmer/Food Buyer Networking Event".
File: A04
(d) Correspondence received February 9,2010 from Ministry of the Environment
regarding"EBR Posting: Proposed Extension of the 2007 Canada-Ontario
Agreement Respecting the Great Lakes Basin Ecosystem".
File: A l 6
(e) Correspondence dated February 4,2010 from Elgin County regarding "Elgin
County Conference Series: Evolution of the Harvest".
File: A16
(f) Elgin Advantage newsletter from the Elgin Business Resource Centre.
File: A16
(g) Correspondence dated February 3,2010 from Ministry of Municipal Affairs and
Housing regarding"Long-standing Service Awards."
File: A16
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Council Minutes February 18, 2010
(h) Correspondence received February 12,2010 from Mat Redsell regarding"Bayham
Sewage Plant".
File: C13
(i) Long Point Region Conservation Authority Board of Directors minutes of meeting
held December 2,2009.
File: A16
(j) Museums Bayham minutes of meeting held January 13,2010.
File: C06
(k) Bayham Community Centres Committee Draft Minutes of meeting held January 28,
2010.
File: C06
(1) Bayham Historical Society minutes of meeting held January 14, 2010.
File: C06
(m) Lake Erie Region Source Protection Committee minutes of meeting held January 21,
2010.
File: E00
(n) Straffordville Cemetery Board minutes of meeting held February 4,2010.
File: S09
(o) Elgin County Ontario Provincial Police News Release dated February 9 & 12,
2010.
File: P17
(p) South West Local Health Integration Network Board of Directors highlights of
meeting held January 13,2010.
File: S08
(q) Correspondence dated January 22,2010 from Kettle Creek Conservation
Authority and Long Point Region Conservation Authority regarding"KCCA-
LPRCA Cooperative Efficiency Study".
File: A16
2010-053
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT information items 5(a)through 5(q)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
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Council Minutes February 18,2010
(a) Staff Report D2010-04 regarding Proposed Sand/Gravel Pit- Richmond Road.
File:D14
The Planning Coordinator advised that subsequent to the original planner's
comments dated February 12, 2010 included in the agenda,the municipal Planner
had further reviewed the proposed sand/gravel pit application submission and
provided additional comments dated February 16,2010. The planner suggested
clarification was needed to determine whether the proposal is to be considered as
commercial extraction of aggregate or rehabilitation of agricultural lands and further
determine the application's compliance with zoning requirements and Official Plan
policies.As requested by the Ministry of Natural Resources(MNR), it was
recommended that his comments be forwarded to the MNR for their consideration.
2010-054
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report D2010-04 regarding a proposed sand pit be received;
AND THAT the Municipal Planner's comments be forwarded to the
Ministry of Natural Resources."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE &DRAINAGE
1. Correspondence and Reports
(a) Staff Report DR2010-003 regarding Straffordville Municipal Drain
Reapportionment(Schroyens Severance).
File: E09
2010-055
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report DR2010-003 regarding apportionment of
assessments contained within the Straffordville Municipal Drain be
received;
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 Kari Schroyens and Wayne
and Stacie DeJong is hereby filed and accepted by Council;
THAT the Drainage Superintendent's reassessment as set out in
"Agreement between Property Owners for Drainage Apportionment due
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Council Minutes February 18,2010
to Land Severance or Sale"as executed by Kari Schroyens and Henry
and Margaret Letkeman is hereby filed and accepted by Council;
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 Kari Schroyens and Brett
and Tara Foster is hereby filed and accepted by Council;
AND THAT By-law#2010-009 being a By-law to amend the drainage
assessment for those lands identified as Assessment Roll#34-01-000-
004-02400 in the watershed of the Straffordville Municipal Drain
referred to in Engineer's Report forming part of Bayham Township By-
law#1780,be presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Drainage Tribunal decision regarding Municipal Drain No. 1.
File: E09
2010-056
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Drainage Tribunal decision regarding Municipal Drain
No. 1,advising that the appeals of Mr.Robert Gregson under Section
48(1)b and 54(1)of the Drainage Act are denied,be received;
AND THAT Provisional By-Law 2009-112,being a by-law to provide for
drainage works,be presented to Council for third and final reading."
CARRIED UNANIMOUSLY
(c) Staff Report DR2010-004 regarding Municipal Drain No. 1.
File: E09
2010-057
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report DR2010-004 regarding Municipal Drain No. 1 be
received;
AND THAT Council accept the tender for provision of drainage works
set out in the Form of Tender for the Municipal Drain No. 1, as
submitted by Van Bree Drainage&Bulldozing Ltd.,in the amount of
$303,287.25(including GST),with work to commence on or before
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Council Minutes February 18,2010
March 1,2010 and to be fully completed on or before May 1,2010;
AND THAT By-law 2010-020 authorizing the execution of contract
documents be presented to Council for enactment."
CARRIED UNANIMOUSLY
(d) Request from Port Burwell Historical Society to hold Canada Day Parade on
July 1,2010.
File: T09
2010-058
Moved by Councillor W Casier
Seconded by Councilor E Ketchabaw
"THAT correspondence dated February 4, 2010 from Robert Lozon,
Chair of Canada Day Celebrations,Port Burwell Historical Society be
received;
AND THAT municipal streets in Port Burwell be used for a Canada Day
Parade on July 1,2010 beginning at 11:00 a.m.;
AND THAT the Municipality hereby requests permission from the
County of Elgin to use Wellington Street from Elizabeth Street,west to
Robinson Street;
AND THAT the Municipality of Bayham Manager of Public Works take
the necessary precautions for traffic control,safety and signage
requirements."
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
2010-059
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Drainage Act."
CARRIED UNANIMOUSLY
1. Public Meeting
(a) 8:00 p.m. - Smith Drain Branch No. 7 - to consider Spriet Associates
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Council Minutes February 18, 2010
Engineer's Report#208347 dated December 29,2009. (Full report
attached in Section 12 By-Law 2010-011)
File: E09
2. Declaration of Pecuniary Interest and the General Nature Thereof
None
3. Staff Presentation
(a) Staff Report DR2010-002 regarding Smith Drain Branch No. 7 and
Engineer's Report.
Drainage Superintendent Bill Knifton presented his report. The Engineer's
report was presented by John Spriet Jr. on behalf of Spriet Associates.
4. Public Comments
None
5. Council Comments and Questions
Councillor Casier questioned the need to conduct a cut under Elliott Road as
opposed to boring under Pressey Road.
The Engineer responded that there is higher volume of traffic on Pressey
Road and suggested that boring under would be more cost effective than
dealing with traffic control while carrying out a cut.
Councillor Ketchabaw questioned whether there would be more stress
created on the Little Jerry outlet.
The Engineer confirmed maintenance for the Little Jerry would be ongoing in
order to handle the additional flow.
6. Adjournment
2010-060
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"THAT the Public Meeting be adjourned at 8:06 p.m."
CARRIED UNANIMOUSLY
7. Disposition of Item
2010-061
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Council Minutes February 18,2010
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
THAT Staff Report DR2010-002 regarding Smith Drain Branch No. 7 and
Engineer's Report be received;
THAT in accordance with Sections 44 to 46 of the Drainage Act,Council of the
Corporation of the Municipality of Bayham hereby adopts Spriet Associates
report#208347 dated December 29,2009,referred to as the"Smith Drain
Branch No.7"report;
AND THAT Provisional By-law#2010-011 be given first and second reading;
AND THAT the Clerk be directed to distribute copies of the Provisional By-law
and Notice of the time and place of the first sitting of the Court of Revision to the
affected parties pursuant to Section 46(2)of the Drainage Act;
AND THAT a date of April 1,2010 at 8:00 p.m.be set for the first sitting of the
Court of Revision.
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
(a) Correspondence received February 9,2010 from Valerie Donnell regarding Port
Burwell washroom.
File:C13
Ms. Donnell was present and responded to questions from Council regarding her
operation of the food booth in concert with the beach washroom facility.
2010-062
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT Correspondence received February 9,2010 from Valerie Donnell
regarding Port Burwell washroom be received."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION& PERSONNEL
(a) Cheque Register being Cheque#7980 to Cheque#8070 inclusive totaling
$193,542.89 and Payroll Disbursements for the period ending February 7,2010
totaling $46,148.64.
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Council Minutes February 18, 2010
2010-063
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Cheque Register being Cheque#7980 to Cheque#8070 inclusive
totaling$193,542.89 and Payroll Disbursements for the period ending
February 7,2010 totaling$46,148.64 be approved."
CARRIED UNANIMOUSLY
(b) Verbal update regarding Fence Viewers Appointment,Draft By-Law 2010-012.
Staff confirmed Mr.Wood had been contacted and indicated that he was willing to
serve as a fence viewer.
2010-064
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Law 2010-012,being a by-law to appoint Richard Wood as a
fence viewer,be presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) Staff Memorandum regarding Harbourfront Committee Membership.
File: C0O
2010-065
Moved by Councillor M Taylor
Seconded by Deputy Mayor C Evanitski
"THAT Staff Memorandum regarding Harbourfront Committee
Membership be received;
AND THAT the following individuals be appointed to the Committee
Ron Bradfield
Craig Gregson
Doug Lester
Brenda Martin
Ray Talbot."
CARRIED UNANIMOUSLY
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Council Minutes February 18, 2010
(d) Staff Report F2010-02 regarding CAF Fund Agreement.
File: F05
2010-066
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report F2010-02 regarding CAF Fund Agreement be
received;
AND THAT By-Law 2010-013,being a by-law to authorize an amending
agreement between the Municipality of Bayham and Her Majesty the
Queen in Right of Canada as represented by the Minister responsible for
the Federal Economic Development Agency for Southern Ontario be
presented to Council for enactment."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2010-067
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 8:13 p.m.to discuss:
• labour relations or employee negotiations."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held February 4,2010.
(c) Staff Report regarding labour relations or employee negotiations.
(d) Staff Report regarding labour relations or employee negotiations.
(e) Out of Camera.
2010-068
Moved by Councillor W Casier
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Council Minutes February 18,2010
Seconded by Deputy Mayor C Evanitski
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 8:25 p.m."
CARRIED UNANIMOUSLY
2010-069
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Mr.Denis Duguay be hired for the position of Treasurer with terms
of employment as outlined in Report H2010-02."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2009-112 A Provisional By-Law to provide for drainage works
(Municipal Drain No. 1) third reading only
(b) By-Law 2010-009 A By-Law to further amend by-Law#1780 as amended to
provide for the Straffordville Municipal Drain
(c) By-Law 2010-011 A Provisional By-Law to provide for drainage works(Smith
Drain No. 7)first and second reading only
(d) By-Law 2010-012 A By-Law to amend By-Law 2010-006 to appoint Fence
Viewers
(e) By-Law 2010-013 A By-Law to authorize the execution of an agreement
(Community Adjustment Fund)
(I) By-Law 2010-020 A By-Law to authorize the execution of an agreement(Van
Bree Drainage&Bulldozing Ltd.)
2010-070
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Provisional By-Law 2010-011 be read a first and second time only;
THAT Provisional By-Law 2009-112 be read a third time and finally passed;
AND THAT By-Laws 2010-009,2010-012,2010-013 and 2010-020 be read a
first,second and third time and finally passed."
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Council Minutes February 18, 2010
CARRIED UNANIMOUSLY
(g) By-law 2010-014 A By-law to confirm all actions of Council
2010-071
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"That confirming By-law 2010-014 be read a first,second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2010-072
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Council Meeting be adjourned at 8:27 p.m."
CARRIED UNANIMOUSLY
1 . _( Al f ice j/0
;14 . CLERK
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