HomeMy WebLinkAboutJune 03, 2010 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
June 3,2010
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,June 3, 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.
Planning Coordinator/Deputy Clerk Margaret Underhill, Public Works Manager Gerry LeMay,Fire
Chief/By-Law Enforcement Officer Gord Roesch 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 disclosed a pecuniary interest regarding the Richmond Water System and
vacated the chair during the delegation presentation. Deputy Mayor Evanitski assumed the
chair during this period.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held May 20, 2010.
2010-225
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the minutes of the regular meeting held May 20, 2010 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
2010-226
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,delegation
request by Jan Collins/Vienna Citizens Group and correspondence from Otter
Valley Chamber of Commerce be added to the agenda as items 4(d) and
9(c)respectively."
CARRIED UNANIMOUSLY
Council Minutes June 03, 2010,
4. DELEGATIONS
(a) 7:05 p.m. - Captain Russell Blais, Ferry Operator and Mark Ostryhon, Talisman
Energy, regarding proposal for Port Burwell harbour.
Mr. Blais inquired whether the municipality is interested in assuming ownership of the Port
Burwell Harbour and advised that he is interested in speaking with the Department of Fisheries
and Oceans if not.
(b) 7:15 p.m. -Harbourfront Committee regarding divestiture, dredging and Harbourfront
initiatives.
Doug Lester spoke on behalf of the Harbourfront Committee and encouraged the municipality to
maintain control of the harbour.
He advised prop washing by Martin's Fish has improved the quality of access to permit large
yachts and a sailboat to utilize the harbour.
Staff was requested to follow up with Small Craft Harbours of the Department of Fisheries and
Oceans regarding the Coastal Process Study and inquire whether there are sufficient divestiture
incentives for Council to meet with representatives for discussion.
(c) 7:25 p.m. -John& Shelley Scott regarding Richmond Community Water.
Shelley Scott made a presentation raising concerns of the financial burden and impact on users of
the water system. She suggested that users are being terrorized by the Ministry of the
Environment requirements and the subsequent cost of$145 per month being charged to have the
Municipality operate the system. She encouraged the municipality to seek federal and provincial
assistance on behalf of the users.
John Scott provided a list of questions being asked by water system users. He noted that four
properties are currently for sale,however with the water crisis, timely sales are unlikely.
Deputy Mayor Evanitski assured him that Council shares the frustration of the Richmond
residents.
The Administrator addressed several of the questions posed. He noted that:
• the municipality had lobbied the Ministry very strongly to continue the operation of the
system by volunteers;
• quarterly reports will be provided to the water users beginning in July;
• Richmond users will be billed only for time spent on their system;
• no grants have been identified through either the provincial or federal government,residents
will be advised if something becomes available.
Council requested staff to prepare a written response to the querries provided.
Council Minutes June 03, 2010,
(d) 7:35 p.m. - Jan Collins representing the Vienna Citizens Group regarding hanging
baskets for Vienna.
Ms. Collins requested Council to approve the purchase of 4 to 6 hanging plant baskets to be hung
from the hydro poles in Vienna.
She was advised that approval is required from Hydro One and there may be a fee.
There was consensus that hangers be purchased and hung either on the poles or on buildings,to
be watered by volunteers or Public Works.
5. INFORMATION ITEMS
(a) Correspondence received from Association of Municipalities of Ontario regarding
"Ontario Government Promotes the Wise Water Use". File: A01
(b) Correspondence received from Association of Municipalities of Ontario regarding "Bill
16, Schedule 25, Public Sector Compensation Restraint to Protect Public Services Act,
2010". File: A01
(c) Ontario Good Roads Association "Board Brief' dated April 2010. File: A01
(d) Correspondence dated May 6, 2010 from Minister Without Portfolio, Responsible for
Seniors regarding "Senior Achievement Award". File: A16
(e) Correspondence dated May 28, 2010 from Municipal Property Assessment Corporation
regarding "Settlement with Ontario Public Service Employees Union Ratified". File:
A 1 6
(f) Correspondence dated May 2010 from Ministry of Aboriginal Affairs regarding
"Violence Against Aboriginal Women", File: Al 6
(g) Elgin County Matters newsletter dated May, 2010. File: A16
(h) Bayham Harbourfront Committee minutes of meeting held May 11, 2010. File: C06
(i) Correspondence dated May 21, 2010 from The Corporation of the Municipality of
Arranelderslie regarding "Industrial/ Commercial Wind Generation Facilities (Wind
Turbines) By-Law 14-10". File: C10
(i) Correspondence dated May 2010 from Ministry of Citizenship and Immigration
regarding "Ontario Medal For Good Citizenship". File: M02
(k) Correspondence dated May 26, 2010 from Elgin County OPP regarding various items.
File: P17
2010-227
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT information items 5(a) through 5(k) be received for information."
CARRIED UNANIMOUSLY
Council Minutes June 03, 2010,
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a) Staff Report D2010-14 regarding Moore Easement Agreement. File: D15
2010-228
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report D2010-14 regarding an easement agreement with the Estate of
George Stanley Moore be received;
AND THAT By-law 2010-054, being a by-law to authorize the execution of an
easement agreement between the Estate of George Stanley Moore and the
Corporations of the Municipality of Bayham and the Town of Tillsonburg, be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report D2010-15 regarding Mennonite Church in Christ Site Plan Agreement
(By-Law 2007-063). File: D11
Staff was requested to send a letter to the County of Elgin regarding speed limit restrictions in
the area of the church and school.
2010-229
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2010-15 regarding the Mennonite Church in Christ Site Plan
Agreement be received;
AND THAT the completion date of the Mennonite Church in Christ Site Plan Agreement,
as authorized by By-law 2007-063,be extended for a third time for one year to June 7,
2011."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE
(a) Staff Report PW2010-07 regarding Replacement Truck - Fire Chief. File: P16
2010-230
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report PW2010-07 regarding Replacement Truck-Fire Chief be
received;
AND THAT Council direct staff to replace the present 1998 GMC with the
purchase of a 2009 GMC from DeGroote-Hill in the amount of$13,900."
CARRIED UNANIMOUSLY
Council Minutes June 03, 2010,
(b) Staff Report PW2010-08 regarding One Ton Low Boy Truck. File: F18
2010-231
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report PW2010-08 regarding One Ton Low Boy Truck be received;
AND THAT Council direct staff to replace the present 1993 GMC Flat Bed Truck
with a 2007 Chevrolet Silverado in the amount of$42,336.00 including applicable
taxes from Cain Auto Sales and Service of Bayham."
CARRIED UNANIMOUSLY
(c) Staff Report PW2010-09 regarding Carson Road Bridge Closure. File: T04
2010-232
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report PW2010-09 regarding Carson Road Bridge Closure be
received for information."
CARRIED UNANIMOUSLY
(d) Staff Report PW2010-10 regarding Best Line Road Closure. File: T09
2010-233
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report PW2010-10 regarding Best Line Road Closure be received for
information."
CARRIED UNANIMOUSLY
(e) Staff Report PW2010-11 regarding Information regarding Canada Post Boxes. File:
C13
2010-234
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report PW2010-11 regarding Canada Post Boxes be received;
AND THAT a by-law be prepared to authorize the execution of an agreement with
Canada Post for the provision of Mail Receptacles in Richmond."
CARRIED UNANIMOUSLY
Council Minutes June 03, 2010,
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
(a) Staff Report PW2010-06 regarding Promote Waterfront and Beach. File: R06
2010-235
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report PW2010-06 regarding Promote Waterfront and Beach be
received for information."
CARRIED UNANIMOUSLY
(b) Staff Report FD2010-002 regarding Station#1 (Port Burwell)Replacement. File: P16
2010-236
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report FD2010-002 regarding Station#1 (Port Burwell) Replacement
be received;
AND THAT council direct staff to move forward and hire an engineering firm to
represent the municipality with the direction to replace the Port Burwell Fire
Station on the property known as 55461 Nova Scotia Line. The costs for the
engineer shall be paid from the current reserve funds."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#8526 to Cheque#8593 inclusive, except Cheques
#8402 totaling$300,956.43 and Payroll Disbursements for the period ending May 16,
2010 totaling$56,419.22.
2010-237
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Cheque Register being Cheque#8526 to Cheque#8593 inclusive, except
Cheques #8402 totaling$300,956.43 and Payroll Disbursements for the period
ending May 16, 2010 totaling$56,419.22 be approved."
CARRIED UNANIMOUSLY
(b) Staff Report H2010-05 regarding Violence in the Workplace Policy. File: A09
2010-238
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
Council Minutes June 03, 2010,
"THAT Staff Report H2010-05 regarding Violence in the Workplace Policy be
received;
AND THAT the Violence in the Workplace Policy as presented in Report H2010-05
be adopted by Council."
CARRIED UNANIMOUSLY
(c) Correspondence from Otter Valley Chamber of Commerce requesting Council allocate
$400 from Bayham's tourism budget to assist with offering Wifi service. File: C13
Email correspondence from Doug Lester, President Otter Valley Chamber of Commerce
requesting Wifi on the beach
Mr. Lester advised that placement of this Rogers Rocket device would allow visitors the
convenience to check email,use Google and web-surf, on the East beach, the only north shore
beach with this service. It was agreed the cost be allocated to the tourism budget.
2010-239
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council supports the request from the Otter Valley Chamber of Commerce
of$400 to cover the cost to purchase device required to provide Wifi service on the
East Beach during June,July and August."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Staff Report E2010-07 regarding Pickup truck tender results. File: F18
2010-240
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Staff Report E2010-07 regarding Pickup truck tender results be received;
AND THAT staff be directed to purchase a 2011 Dodge 4x4 pickup truck as
tendered from Cain's Auto Sales and Service for a total of$26,845.77 and trade-in
of$575.00 for a 1998 Chevrolet 4x4."
CARRIED
Council Minutes June 03, 2010,
(b) Staff Report E2010-08 regarding Septage Disposal Fees. File: E01
2010-241
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report E2010-08 regarding Septage Disposal Fees be received;
AND THAT By-Law 2010-056, being a by-law to further amend By-Law 2005-102,
Imposing Rates and Fees, be presented to Council for enactment."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2010-242
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 9:24 p.m. to discuss:
• litigation or potential litigation-Bayham v. Csinos."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held May 6, 2010.
(c) Confidential item regarding litigation or potential litigation-Bayham v. Csinos
(d) Out of Camera.
2010-243
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the Committee of the Whole do now rise from the "In Camera" session at
9:31 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2010-053 A By-Law to further amend By-Law 2007-023 to regulate building
construction, demolition, change of use permits, septic systems, sewer connection
permits and inspections.
Council Minutes June 03, 2010,
(b) By-Law 2010-054 A By-Law to authorize the execution of an easement agreement
(Moore)
(c) By-Law 2010-055 A By-Law to authorize the execution of a contract(Endangered
Species Act)
(d) By-Law 2010-056 A By-Law to further amend By-Law 2005-102 (Rates and Fees)
2010-244
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT By-Laws 2010-053,2010-054,2010-055 and 2010-056 be read a first,second
and third time and finally passed."
CARRIED UNANIMOUSLY
(e) By-Law 2010-057 A By-Law to confirm all actions of Council
2010-245
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2010-057 be read a first,second and third time and
fmally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2010-246
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 9:32 p.m."
CARRIED UNANIMOUSLY
r
J LL i GLea o
leatO
CLERK
V