HomeMy WebLinkAboutJanuary 15, 2009 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
January 15,2009
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,January
15,2009 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 and Fire Chief/By-Law Enforcement
Officer Paul Groeneveld were in attendance to persent their respective reports. Public Works
Manager,Gerry LeMay was also in attendance.
1. CALL TO ORDER
Mayor Lynn 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 December 18,2008.
2009-001
Moved by E Ketchabaw
Seconded by C Evanitski
"THAT the minutes of the regular meeting held December 18,2008 be
approved as circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
No items were added.
4. DELEGATIONS
(a) 7:05 p.m. - Wanda Hoshal-regarding Estherville Cemetery.
Ms.Hoshal inquired whether the December 18, 2008 minutes reflected that
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Council Minutes January 15, 2009
Councillor Taylor had requested the lot surrounding the construction and area
designated as cemetery be investigated with a fine tooth comb.
The Clerk responded that it had not been recorded.
The Administrator clarified that the minutes are not recorded verbatim,but are to
reflect the decisions and directions of Council made by resolution.
Ms. Hoshal expressed concerns regarding discrepancy between MTO, County and
Municipal maps of the area.
Ms. Hoshal asked if a response had been received from Mr. Csinos in respect to
the request for his permission to allow access to the property for the dowsing to
which the Administrator advised that a response had not yet been received.
Ms.Hoshal requested assurance that the land not be rezoned. The
Administrator responded that no rezoning application has been submitted at this
time. If submitted the required parties will be notified and Council will consider an
application at that time.
(b) 7:15 p.m. - Port Burwell resident Matthew Redsell was in attendance and provided
a slide presentation concerning the local economy and encouraged Council to
support and promote sustainable type living practices.
5. INFORMATION ITEMS
(a) Copy of Resolution passed December 15,2008 by the Council of the United
Counties of Stormont,Dundas and Glengarry regarding"financial assistance to
cover funeral expenses for needy individuals".
File: C10
(b) Copy of resolution passed November 12,2008 by the Township of South
Stormont regarding "Bill 50,the Provincial Animal Welfare Act,2008".
File: C10
(c) Correspondence dated December 10, 15, 16 and 19,2008 and January 9,2009
from Association of Municipalities of Ontario regarding "AMO Releases Putting
Out the Welcome Mat: Why Immigration Matters to Ontario's Municipalities",
"Public Review Period for Draft Information and Communications Standard
Extended to February 6,2009", "URGENT- Ontario's Municipal Leadership in
Federal Budget Consultations", "Ontario Municipal Partnership Fund Notices for
2009", "We Need Your Support of the AMO position on the Waste Diversion Act,
the Blue Box Program Plan Review" and"Municipal Leaders Forum on Green
Building".
File: A01
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Council Minutes January 15,2009
(d) Correspondence dated December 31,2008 from Ministry of Municipal Affairs and
Housing regarding "Improved Energy Efficiency Standards for New Homes".
File: Al6
(e) Draft minutes of the Elgin Group Police Services Board meeting held November
21,2008.
File: C06
(f) Copy of letter dated December 18,2008 from Chris Bentley,M.P.P.,London
West to Tourism London regarding "funding for cultural programs under the
Ministry of Culture's Cultural Strategic Investment Fund".
File: A16/F11
(g) Correspondence dated December 19,2008 from Association of Municipalities of
Ontario regarding "Local Government Week".
File: A01
(h) Correspondence received from Township of Bonfield and Township of East Ferris
seeking financial assistance to recover from flooding.
File: C13
(i) Newsletter from Ontario Good Roads Association regarding "Board Brief-
Highlights from the Board of Directors".
File: A01
(j) Correspondence dated December 10,2008 from Independent Electricity System
Operator regarding"Ontario's electricity market".
File: M07
(k) "Lifestyle Link" Winter 2009 newsletter received January 8, 2009 from Elgin St.
Thomas Public Health.
File M07
(1) Correspondence dated December 29,2008 from Ministry of Natural Resources
regarding "Information Session on the Endangered Species Act 2007".
File: A16
(m) Bayham Historical Society draft minutes of meeting held December 11,2008.
File: C06
(n) Correspondence received from The Public Sector Group of Funds regarding
"Universal Corporate Bond Fund".
File A01
(o) Correspondence dated January 5,2009 from Elgin St. Thomas Public Health
regarding"Active Elgin".
File: M07
(p) Correspondence dated January 7,2009 from Ministry of Agriculture,Food and
Rural Affairs regarding "Agricultural Drainage Infrastructure Program,Upcoming
Drainage Courses,Tile Loan Program".
File: Al6
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Council Minutes January 15,2009
2009-002
Moved by E Ketchabaw
Seconded by C Evanitski
"THAT information items 5(a)through 5(p) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
(a) Staff Report D2009-02 regarding Drieghe severance application.
File: D10.08/09
2009-003
Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Staff Report D2009-02 be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E94/08,submitted by Mark Drieghe,
with dimensions further amended as per sketch dated January 7,2009,be
approved subject to:
1. a copy of the final survey provided to the municipality
2. Letter of Undertaking confirming the conveyance of the severed parcel
to the adjacent property owned by Mark Drieghe identified as
assessment Roll#34-01-000-002-16710,Concession 4 Part Lot 18
RP11R4229 Part 1."
CARRIED UNANIMOUSLY
(b) Staff Report D2009-03 regarding Nurse severance application.
File: D10.08
2009-004
Moved by C Evanitski
Seconded by E Ketchabaw
"THAT Staff Report D2009-03 be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E90/08,submitted by David,Joan&
Aaron Nurse, be approved subject to:
1. a copy of the final survey provided to the municipality
2. Letter of Undertaking confirming the merger of the severed parcel
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Council Minutes January 15, 2009
with the adjacent property owned by David and Joan Nurse,
identified as assessment Roll#34-01-000-003-03400,
Concession 5 Part Lot 15 Registered Plan 11R5144 Parts 1 &2
3. apportionment of assessment for drainage as per the Drainage Act
requirements."
Councillor Taylor noted his opposition to decisions made based on
assessment mapping not necessarily being correct and requested a recorded
vote.
In Favour Opposed
Mayor Acre Councillor Taylor
Councillor Casier
Deputy Mayor Evanitski
Councillor Ketchabaw
Motion Carried on a vote of 4 to 1 in favour
(c) Staff Report D2009-04 regarding Sykes severance application.
File: D10.08
2009-005
Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Staff Report D2009-04 be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E91/08, submitted by Don Sykes,be
approved subject to:
1. a Development Agreement with the municipality for the installation of
the municipal water and sewer servicing to the created lot
2. a grading plan submitted for municipal approval
3. copy of the final survey submitted to the municipality
4. $500 cash-in-lieu parkland dedication fee payable to the municipality
5. a Road Access Permit approved by the municipality."
Councillor Taylor noted his opposition to decisions made based on
assessment mapping not necessarily being correct and requested a recorded
vote.
In Favour Opposed
Mayor Acre Councillor Taylor
Councillor Casier
Deputy Mayor Evanitski
Councillor Ketchabaw
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Council Minutes January 15,2009
Motion Carried on a vote of 4 to 1 in favour
(d) Staff Report D2009-05 regarding Schwartz severance application.
File: D10.08
2009-006
Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report D2009-05 be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E96/08, submitted by Samuel and
Mary Schwartz,be approved subject to
1. copy of final survey provided to the municipality
2. $500 cash in lieu parkland dedication fee
3. apportionment of assessment for drainage as per the Drainage Act
4. rezoning of both retained and severed parcels
5. Road Access permit,as required."
Councillor Taylor noted his opposition to decisions made based on
assessment mapping not necessarily being correct and requested a recorded
vote.
In Favour Opposed
Mayor Acre Councillor Taylor
Councillor Casier
Deputy Mayor Evanitski
Councillor Ketchabaw
Motion Carried on a vote of 4 to 1 in favour
(e) Staff Report D2009-06 regarding Rimnyak Severance application.
File: D10.08
2009-007
Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report D2009-06 be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E98/08, submitted by Bill Rimnyak,
be approved subject to:
1. written confirmation that no previous surplus farm dwellings have been
severed from this farm parcel
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Council Minutes January 15,2009
2. copy of the final survey submitted to the municipality
3. $500 cash-in-lieu parkland dedication fee payable to the municipality
4. Letter of Undertaking confirming that the retained lands will merge
with property owned by William Sr.and Linda Rimnyak identified as
assessment roll#34-01-000-002-14600
5. rezoning of the severed and retained parcels
6. apportionment of assessment for drainage as per the Drainage Act
requirements."
Councillor Taylor noted his opposition to decisions made based on
assessment mapping not necessarily being correct and requested a recorded
vote.
In Favour Opposed
Mayor Acre Councillor Taylor
Councillor Casier
Deputy Mayor Evanitski
Councillor Ketchabaw
Motion Carried on a vote of 4 to 1 in favour
(f) Staff Report D2009-07 regarding Underhill Severance application.
File: D10.08
2009-008
Moved by W Casier
Seconded by C Evanitski
"THAT Staff Report D2009-07 be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E86/08, submitted by Jammie
Underhill Farms Ltd.,be approved subject to:
1. Zoning By-law amendment
2. Site Plan drawing
3. Copy of the final survey submitted to the municipality
4. Letter of of Undertaking confirming that the severed lands will merge
with property owned by Otter's Edge Estates Ltd.identified as
assessment roll#34-01-000-001-09500
5. apportionment of assesssment for drainage as per the Drainage Act
requirements."
Councillor Taylor noted his opposition to decisions made based on
assessment mapping not necessarily being correct and requested a recorded
vote.
In Favour Opposed
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Council Minutes January 15,2009
Mayor Acre Councillor Taylor
Councillor Casier
Deputy Mayor Evanitski
Councillor Ketchabaw
Motion Carried on a vote of 4 to 1 in favour
7. ROADS,AGRICULTURE &DRAINAGE
(a) No items.
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
(a) Building permit report for the month ending December 2008.
File: P10
2009-009
Moved by C Evanitski
Seconded by M Taylor
"THAT the Building permit report for the month ending December 2008 be
received for information."
CARRIED UNANIMOUSLY
(b) Staff Report P2009-001 regarding Emergency Management Program Annual
Report.
File: P16
2009-010
Moved by M Taylor
Seconded by E Ketchabaw
"THAT Staff Report P2009-001 regarding the Emergency Management
Program Annual Report-2008 be received for information".
CARRIED UNANIMOUSLY
(c) Staff Report P2009-002 regarding Fire Department Annual Report- 2008.
File: P16
2009-011
Moved by C Evanitski
Seconded by W Casier
"THAT Staff Report P2009-002 regarding the Fire Department Annual
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Council Minutes January 15, 2009
Report-2008 be received for information."
CARRIED UNANIMOUSLY
(d) Staff Report P2009-003 regarding By-law Enforcement Program 2008 Year End
Report.
File: P16
2009-012
Moved by W Casier
Seconded by M Taylor
"THAT Staff Report 2009-003 regarding the By-law Enforcement Program
Annual Report for 2008 be received for information."
CARRIED UNANIMOUSLY
(e) Staff Report P2009-005 Emergency Response Program Amendments.
File: P16
2009-013
Moved by C Evanitski
Seconded by W Casier
"THAT Staff Report P2009-005 regarding the Emergency Response
Program Amendments be received for information;
AND THAT By-law 2009-001 be presented to Council for enactment."
CARRIED UNANIMOUSLY
(f) Staff Memorandum PR2009-01 regarding County Land Acquisition- CP Rail
Lands at Black Bridge.
File: L07
2009-014
Moved by W Casier
Seconded by M Taylor
"THAT Staff Memorandum PR2009-01 regarding County Land Acquisition
-CP Rail Lands at Black Bridge be received;
AND THAT lands described as Part of Lots 19 and 20,Concession North
Gore,of the Municipality of Bayham, designated as Parts 1,2,and 3 on
Registered Plan 11R-8999,be declared surplus to the needs of the
Municipality of Bayham;
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Council Minutes January 15,2009
AND THAT By-law No.2009-005 to authorize the conveyance of real
property in the Municipality of Bayham described as Part of Lots 19 and
20,Concession North Gore,designated as Parts 1,2 and 3 on Plan 11R-
8999,be presented to Council for enactment."
Councillor Taylor noted his opposition to decisions made based on
assessment mapping not necessarily being correct and requested a recorded
vote.
In Favour Opposed
Mayor Acre Councillor Taylor
Councillor Casier
Deputy Mayor Evanitski
Councillor Ketchabaw
Motion Carried on a vote of 4 to 1 in favour
(g) Staff Memorandum regarding Sketch Dimensions- Csinos Property(Report
C2008-12).
File: S09
2009-015
Moved by W Casier
Seconded by C Evanitski
"THAT Staff Memorandum regarding Sketch Dimensions-Csinos
Property(Report C2008-12)be received for information."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheques#5681 to Cheque#5804 inclusive,totaling
$271,563.64 and Payroll Disbursements for the period ending Dec 28,2008
totaling $51,403.01.
2009-016
Moved by W Casier
Seconded by M Taylor
"THAT Cheque Register being Cheques#5681 to Cheque#5804 inclusive,
totaling $271,563.64 and Payroll Disbursements for the period ending Dec
28,2008 totaling$51,403.01 be approved."
CARRIED UNANIMOUSLY
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Council Minutes January 15,2009
(b) Staff Report F2009-01 regarding Yearly Update to Bylaws.
File: F03
2009-017
Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report F2009-01 be received;
AND THAT By-law 2008-003 and By-law 2008-004 being by-laws to
authorize borrowing and to provide for an Interim Tax Levy,respectively,
be presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) Staff Report F2009-02 regarding Council Remuneration&Expenses .
File: F03.03
2009-018
Moved by M Taylor
Seconded by W Casier
"THAT Staff Report F2009-02 regarding Council Remuneration &
Expenses be received for information."
CARRIED UNANIMOUSLY
(d) Copy of Correspondence dated December 9, 2008 from Corporation of the
Municipality of Clarington to Alcohol and Gaming Commission of Ontario regarding
"Lottery Licensing- Request for Process Streamlining".
File: P09
2009-019
Moved by M Taylor
Seconded by W Casier
"THAT copy of correspondence dated December 9,2008 from Corporation
of the Municipality of Clarington to Alcohol and Gaming Commission of
Ontario be received;
AND THAT the Council of the Municipality of Bayham supports the
resolution passed by the Municipality of Clarington on December 8,2008
regarding "Lottery Licensing-Request for Process Streamlining."
CARRIED
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Council Minutes January 15,2009
(e) Correspondence dated December 15, 2008 from Tillsonburg&District Multi-
Service Centre regarding"Adult Basic Literacy program".
File: A01
2009-020
Moved by M Taylor
Seconded by W Casier
"THAT the correspondence dated December 15,2008 from Tillsonburg&
District Multi-Service Centre regarding Adult Basic Literacy program be
received;
AND THAT the application be considered with other Municipal assistance
requests."
CARRIED UNANIMOUSLY
(f) Correspondence received from Ministry of Citizenship and Immigration regarding
"Volunteer Service Awards".
File: M0$
2009-021
Moved by M Taylor
Seconded by W Casier
"THAT correspondence received from Ministry of Citizenship and
Immigration regarding Volunteer Service Awards be received;
AND THAT the Council of the Municipality of Bayham nominates the
following volunteers for recognition:
Charles Buchanan
Jean Woon
Bob Graham
Lewie Acre."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) No Items
11. COMMITTEE OF THE WHOLE
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Council Minutes January 15, 2009
(a) In Camera.
2009-022
Moved by E Ketchabaw
Seconded by C Evanitski
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 10:00 p.m.to discuss:
• personal matters about an identifiable individual,including municipal
or local board employees;
• labour relations or employee negotiations."
CARRIED UNANIMOUSLY
2009-023
Moved by C Evanitski
Seconded by E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 10:56 p.m."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held December 18,2009.
(c) Confidential Staff Report F2009-03 regarding Personal matter.
(d) Confidential Staff Memorandum regarding labour relations/employee negotiations.
(e) Confidential Staff Memorandum regarding labour relations/employee negotiations.
2009-024
Moved by C Evanitski
Seconded by W Casier
"THAT Confidential Staff Memorandum regarding Public Works
Department Structure-Report H2008-08 be received;
AND THAT Council adopt the new organization structure and position
descriptions for the Public Works Department as outlined in report 112008-
08;
AND THAT the point evaluations attached to report H2008-08 be adopted
for the positions of Manager of Public Works and Public Works Operations
Supervisor and that the positions be placed in Grade 7 and 5 respectively of
the approved salary grid;
AND THAT staff be authorized to prepare all necessary by-laws and
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Council Minutes January 15, 2009
postings under the Pay Equity Act to enact all approved changes;
AND THAT staff be authorized to commence hiring process for the position
of Public Works Operations Supervisor."
CARRIED UNANIMOUSLY
(f) Confidential Staff Report H2O09-02 regarding labour relations/employee
negotiations.
(g) Confidential Staff Report H2009-01 regarding labour relations/employee
negotiations.
2009-025
Moved by C Evanitski
Seconded by E Ketchabaw
"THAT the Municipality of Bayham recognize Family Day as a Statutory
Holiday for 2009,on a "without prejudice" basis.
CARRIED UNANIMOUSLY
(h) Out of Camera.
As above.
12. BY-LAWS
(a) By-Law 2009-001 A By-Law establishing an Emergency Management
Program
(b) By-Law 2009-003 To authorize borrowing from time to time to meet
current expenditures
(c) By-Law 2009-004 A By-Law to provide for an Interim Tax Levy
(d) By-Law 2009-005 A By-Law to authorize the conveyance of real
property(Pt Lots 19&20 Conc North Gore)
2009-026
Moved by C Evanitski
Seconded by M Taylor
"THAT By-Laws 2009-001,2009-003,2009-004 and 2009-005 be read a
first,second and third time and finally passed."
CARRIED UNANIMOUSLY
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Council Minutes January 15,2009
(e) By-Law 2009-002 A By-Law to confirm all actions of Council
2009-027
Moved by M Taylor
Seconded by W Casier
"THAT confirming By-Law 2009-002 be read a first,second and third time
and finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2009-028
Moved by W Casier
Seconded by M Taylor
"THAT the Council meeting be adjourned at 10:59 p.m."
CARRIED UNANIMOUSLY
DATE:
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