HomeMy WebLinkAboutMay 20, 2010 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
Thursday,May 20,2010
7:00 p.m.
7:30 p.m.Public Meeting-Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,May 20,
2010 in the Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor Cliff Evanitski,
Councilors Mark Taylor,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 and Public Works Manager Gerry LeMay, were in attendance to
present their respective reports. Fire Chief/By-Law Enforcement Officer Gord Roesch was in
attendance for firefighter presentations.
1. CALL TO ORDER
Mayor Acre called the meeting to order at 7:00 p.m.
(a) Presentation of Provincial Firefighter Certification to Captain Chris McQuiggan.
Mayor Acre presented a certificate to Captain Chris McQuiggan in recognition of
obtaining Provincial Firefighter Certification.
(b) Presentation of cheque from Port Burwell firefighters regarding donation to purchase
Ice/Water Rescue Equipment.
Firefighters Nathan Dawley and Todd McMillan presented a cheque in the amount
of$10,500 to Mayor Acre on behalf of the Port Burwell firefighters to be used to
purchase Ice/Water Rescue Equipment.
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 May 6,2010.
2010-203
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the minutes of the regular meeting held May 6,2010 be approved
as circulated."
CARRIED UNANIMOUSLY
Page 1 of 12
Council Minutes May 20,2010
4. DELEGATIONS
(a) 7:15 p.m. - Paul Vyse representing Port Burwell Optimist Club regarding Tub Daze
arrangements.
Paul Vyse advised that extra portables are necessary to accommodate beer tent
patrons during Tub Daze festivities.He noted that placement within the fenced area
assists in maintaining controlled access for users,particularly in the evening. Mr.
Vyse added that beach users would be welcome to use the portables and that
signage to that affect could be placed.
It was suggested that the Municipal Assistance application requesting specific
assistance be submitted for Council consideration.As well,efforts were encouraged
to maintain good visibility between the permanent washrooms and the concession
booth.
(b) 7:45 p.m. - Wanda Hoshal regarding Estherville Cemetery and results of lawsuit
regarding the Csinos property.
Wanda Hoshal advised that the one marker had been repaired and offered to clean
the second. She added that the Cemeteries Branch had advised that the marker
must be placed by the municipality not the volunteers.
Mrs. Hoshal requested the outcome of the pending lawsuit regarding the Csinos
property.
The Administrator advised that the decision in the case has been reserved.
Mrs.Hoshal questioned cheque payments to Claims Pro and was advised that an
insurance claim had been filed and the payment was made as part of the deductible
by the municipality.
Mrs. Hoshal advised that the anthropology department at McGill University is
interested in utilizing new forensic techniques in regard to determination of body
burials in the property adjacent to the Estherville cemetery.
Mrs.Hoshal was requested to keep Council and staff informed of any progress.
5. INFORMATION ITEMS
(a) Correspondence from The Arts and Cookery Bank regarding"Tourism Bootcamp
2010".
File: A01
(b) Correspondence dated May 10,2010 from County of Elgin regarding"Proposed
Changes to the County Road Maintenance Agreement".
Page 2 of 12
Council Minutes May 20,2010
File: A16
(c) Correspondence dated May 7,2010 from Municipality of Dutton/Dunwich
regarding"Weigh Scales".
File: A16
(d) Correspondence from Minister Responsible for Seniors regarding"Seniors'Month".
File: A16
(e) Bayham Historical Society minutes of meeting held April 8,2010.
File: C06
(f) Museums Bayham minutes of meeting held April 14,2010.
File: C10
(g) Bayham Harbourfront Committee minutes of meeting held April 20,2010.
File: C06
(h) Lake Erie Region Source Protection Committee minutes of meeting held April 1,
2010.
File: E00
2010-204
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT information items 5(a)through 5(h)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
1. Correspondence and Reports
(a) Correspondence from County of Oxford regarding"Application for Official Plan
Amendment.
File: D08
2010-205
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Application for Official Plan Amendment from the County of
Oxford be received;
AND THAT staff be authorized to provide comment encouraging some
consideration for extension of services outside Oxford County
boundaries."
Page 3 of 12
Council Minutes May 20,2010
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
2010-206
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned in order to hold a Public Meeeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
1. Public Meeting
7:30 p.m.Moore Rezoning-to change the zoning on a parcel of land from the
Hamlet Residential(HR)Zone to the site-specific Hamlet Residential [HR-5(h)]
Zone in the Zoning By-law.
2. Declaration of Pecuniary Interest and the General Nature Thereof
None.
3. Staff Presentation
(a) Staff Report D2010-13 regarding Moore Rezoning-Draft By-law Z579-
2010.
File:D14
Staff Report D2010-13 was presented by the Planning Co-ordinator. She
advised that no written comments or concerns had been received from the
public. She added that Mr.Roe,agent for the applicant,was in attendance
to address any questions from Council.
4. Public Comments
Mr.Roe advised that a local surveyor provided a copy of the survey showing an
existing unregistered easement for the subject lands across the former railway line
that existed under the Railway Act.
5. Council Comments and Questions
Councillor Taylor questioned whether there are any changes to existing maps to
which he was advised there are not.
Page 4 of 12
Council Minutes May 20,2010
Deputy Mayor Evanitski questioned whether there was any difference in
comparison to a similar application for property to the north.
He was advised that the change is to rezone an existing lot where the other property
in question referred to a request to create a new lot.
Councillor Ketchabaw questioned the difference for a private versus a public drive.
He was advised the application is to recognize the existing unregistered easement
with the former railway company prior to municipal ownership.
6. Adjournment
2010-207
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Public Meeting be adjourned at 7:35 p.m."
CARRIED UNANIMOUSLY
7. Disposition of Item
2010-208
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2010-13 regarding the Estate of George Stanley Moore
rezoning be received;
AND THAT the zoning of those lands located in Concession 8 Part Lot 23,be
changed from Hamlet Residential(HR)to site-specific Hamlet Residential—
Holding [HR-5(h)] Zone;
AND THAT Zoning By-law Z579-2010 be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE&DRAINAGE
(a) Staff Report DR2010-008 regarding Smith Drain Branch No. 7.
File: E09
2010-209
Moved by Councillor W Casier
Page 5 of 12
Council Minutes May 20,2010
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report DR2010-008 regarding Smith Drain Branch No. 7 be
received;
AND THAT Council accept the tender for provision of drainage works set
out in the Form of Tender for the Smith Drain Branch No.7,as submitted by
A.G.Hayter Contracting Ltd,in the amount of$39,354.00(including GST),
with work to commence on or before May 17,2010 and to be fully completed
on or before June 30,2010;
AND THAT By-law 2010-049 authorizing the execution of contract
documents be presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report PW2010-05 regarding Repairs to Carson Bridge Structure.
File: T04
2010-210
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report PW2010-05 regarding Repairs to Carson Bridge
Structure be received;
AND THAT By-Law 2010-048,being a by-law to authorize the execution of
an agreement with Carlington Construction Inc. of Stoney Creek Ontario to
execute repairs to the Carson Road Bridge be presented to Council for
enactment."
CARRIED UNANIMOUSLY
(c) Staff Report PR2010-04 regarding Road Closure Application- Lots 10 and 11,
Concession 3.
File: T09
Councillor Taylor noted this item did pertain to mapping changes and advised of his
opposition to changes being made without the maps being confirmed correct.
2010-211
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
Page 6 of 12
Council Minutes May 20,2010
"THAT Staff Report PR2010-04 regarding Road Closure Application—Lots
10 and 11 Concession 3 be received;
AND THAT By-law No. 2010-050, being a by-law to stop up, close and
convey part of the road allowance between Lots 10 and 11 in Concession 3
be presented to Council for enactment.
CARRIED
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
(a) Correspondence dated May 11,2010 from Ontario Early Years Centre Elgin-
Middlesex-London regarding"Summer Park Program".
File: C13
2010-212
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the correspondence dated May 11,2010 submitted by Bev Fellows
on behalf of the Ontario Early years Centre Elgin-Middlesex-London be
received;
AND THAT council supports the request for permission to use green space
at the Straffordville Community Park on Friday mornings from 9:30 a.m.—
11:30 a.m.for the period July 9,2010—August 27,2010,subject to proof of
liability insurance coverage,naming the Municipality of Bayham as an
additional insured,in the minimum amount of$2,000,000;
AND THAT the cleanup of the area be the responsibility of the users."
CARRIED UNANIMOUSLY
(b) Staff Report P2010-005 regarding Building By-Law Amendment- Security
Deposits.
File: P10
2010-213
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report P2010-005 regarding a proposed building by-law
revision be received;
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Council Minutes May 20,2010
AND THAT Council directs staff to amend the"Building By-Law"to make
provisions for a Security Deposit;
AND THAT a draft by-law of the"Building By-Law"be prepared for
enactment by Council."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheque#8443 to Cheque#8525 inclusive,totaling
$230,109.60 and Payroll Disbursements for the period ending May 2,2010 totaling
$51,997.38.
2010-214
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Cheque Register being Cheque#8443 to Cheque#8525 inclusive,
totaling$230,109.60 and Payroll Disbursements for the period ending May
2,2010 totaling$51,997.38 be approved."
CARRIED UNANIMOUSLY
(b) Staff Report F2010-04 regarding Council Remuneration&Expenses.
File: F03.03
2010-215
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report F2010-04 regarding Council Remuneration&
Expenses be received for information."
CARRIED UNANIMOUSLY
(c) Staff Report C2010-06 regarding Potential Medical Centre Partnership.
File: S08
There was discussion regarding partnering with Malahide,Aylmer and Central Elgin
in efforts to supporting expansion of the existing medical facility in Aylmer and
enhance doctor recruitment. The Bayham share of associated costs was proposed at
19%.
Page 8 of 12
Council Minutes May 20,2010
2010-216
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report C2010-06 regarding Potential Medical Centre
Partnership be received;
AND THAT the Municipality of Bayham agree in principle to participate in
a medical centre partnership with the Municipalities of Aylmer, Central
Elgin,and Malahide."
CARRIED UNANIMOUSLY
(d) Correspondence dated April 30,2010 from JGM Consulting regarding "Closed
Meeting of April 1,2010".
File: A09
2010-217
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT correspondence and Report On Complaint dated April 30,2010
from JGM Consulting regarding Closed Meeting of April 1,2010 be
received for information."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Correspondence from T&D Consulting regarding "Water Infrastructure"
File: C13
Rob and Bob Thompson,owners of the two eight unit properties raised concerns
regarding the proposed costs for water infrastructure renewal.They requested that
assessment for one connection only per property be considered.
2010-218
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT correspondence from Rob Thompson,T&D Consulting regarding
Water Infrastructure be received for information."
CARRIED UNANIMOUSLY
Page 9 of 12
Council Minutes May 20,2010
(b) Correspondence dated April 27,2010 from Lake Huron&Elgin Area Primary
Water Supply Systems regarding "Bill 13 - Sustainable Water and Wastewater
Systems Improvement and Maintenance Act,2010".
File: E08
2010-219
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT correspondence from Lake Huron&Elgin Area Primary Water
Supply Systems regarding Bill 13-Sustainable Water and Wastewater
Systems Improvement and Maintenance Act,2010 be recieved for
information."
CARRIED UNANIMOUSLY
(c) Correspondence received May 12,2010 from Spriet Associates regarding
"Municipal Class EA Project Notice to Review Agencies Elgin County Road 24
(Dexter Line Relocation Project)".
File: T06
2010-220
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT correspondence from Spriet Associates regarding Municipal Class
EA Project Notice to Review Agencies Elgin County Road 24 (Dexter Line
Relocation Project)be received for information."
CARRIED UNANIMOUSLY
(d) Correspondence received from Federation of Canadian Municipalities regarding
"Proposed New Wastewater Regulations".
File: A01
2010-221
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT correspondence from the Federation of Canadian Municipalities
(FCM)regarding Environment Canada's proposed new wastewater
treatment regulations be received;
THAT FCM call on the federal government to work with municipalities,
Page 10 of 12
Council Minutes May 20, 2010
provinces and territories to develop a cost-shared financing and
implementation plan for these new wastewater regulations, as part of a long-
term national plan to eliminate the municipal infrastructure deficit;
AND THAT FCM call on Environment Canada, as a first step in the
development of a cost-shared funding plan,to commit to work in partnership
with municipalities to establish a thorough and objective estimation of the
front-line costs and trade-offs of meeting the regulations and to resolve
outstanding technical and implementation issues."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
(b) Closed session minutes of the regular meeting of Council held May 6,2010.
Closed session minutes were deferred to a future meeting.
(c) Out of Camera.
12. BY-LAWS
(a) By-Law 2010-048 A By-Law to authorize the execution of an
agreement (Clarington Construction Inc.)
(b) By-Law 2010-049 A By-Law to authorize the execution of an agreement(A.G
Hayter Contracting Ltd.)
(c) By-Law 2010-050 A By-Law to stop up, close and convey part of unopened
Road Allowance(Lots 10& 11,Concession 3)
(d) By-Law 2010-051 A By-Law to further amend By-Law 2010-001 (Appointing
Members to Boards and Committees)
(e) By-Law Z579-2010 A By-Law to further amend By-Law Z456-2003 (Moore)
2010-222
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT By-Laws 2010-048,2010-049,2010-050,2010-051 and Z579-2010
be read a first, second and third time and finally passed."
CARRIED UNANIMOUSLY
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Council Minutes May 20,2010
(f) By-Law 2010-052 A By-Law to confirm all actions of Council
2010-223
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"That confirming By-law 2010-052 be read a first,second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2010-224
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 9:21 p.m."
CARRIED UNANIMOUSLY
CL1 K
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