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HomeMy WebLinkAboutMarch 26, 2009 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, March 26, 2009 7:00 p.m. 7:30, 7:40 & 7:50 p.m. -Public Meetings-Planning (Zoning) Notice of Intent to Pass a By-Law for Road Closure Lots 10 & 11, Conc. 8 The regular meeting of the Council of the Municipality of Bayham was held on Thursday,March 28, 2009 in the Council Chambers. Present were Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw,Administrator Kyle Kruger and Clerk Lynda Millard. Mayor Lynn Acre was absent. Planning Co-ordinator Margaret Underhill and Water Wastewater Superintendent Ed Roloson were in attendance to persent their respective reports. 1. CALL TO ORDER Deputy Mayor Evanitski 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 Budget meeting held Tuesday, March 3, 2009. 2009-130 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the minutes of the Budget meeting held March 3, 2009 be approved as circulated." CARRIED UNANIMOUSLY (b) Minutes of the regular meeting of council held March 5, 2009. 2009-131 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT minutes of the regular meeting of Council held March 5, 2009 be approved as circulated." CARRIED UNANIMOUSLY Page 1 of 20 Council Minutes March 26,200$,9 (c) Minutes of the Special meeting held March 9, 2009. 2009-132 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the minutes of the Special meeting of council held March 9, 2009 be approved as circulated." CARRIED UNANIMOUSLY (d) Minutes of the Budget meeting held March 9, 2009. 2009-133 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the minutes of the Budget meeting held March 9, 2009 be approved as circulated." CARRIED UNANIMOUSLY (e) Added Item(s) No items were added to the agenda 4. DELEGATIONS (a) 7:05 p.m. -Wanda Hoshal regarding new burial information (not available at time of printing) Mrs. Hoshal questioned whether the cemeteries regulation branch had confirmed attendance at the Estherville cemetery. The Administrator advised that his correspondence had been received however, the representative at the Cemeteries Regulations Unit is out of the office until April 15th. Due to her lack of new information Mrs. Hoshal requested that Council permit a presentation by Ms. Mae Leonard who had conducted a dowsing investigation at the Estherville site earlier in the day. Council consented. Ms. Leonard provided a brief outline of her dowsing ability and experiences. She noted that dowsing is used by the OPP and RCMP to assist in finding missing persons and ammunition storage tunnels. She reviewed her dowsing findings at the Estherville site, through maps and drawings identifying approximately 289 graves in the official part of the cemetery. She identified 13 rows of graves facing south. She also identified the location of the former Baptist church, an 80' x 40' drive shed, two small separate areas where negro and white burials had taken place, and a large burial area next to the road, all on the adjoining Page 2 of 20 Council Minutes March 26, 200$,1 property. She noted that the blacks were buried facing east behind the drive shed. As well, she suggested that soil disturbances were evident in the cemetery and on the property around where the new barn has been built. Ms. Leonard circulated two aerial photos and an old picture of cemetery monuments in disrepair. By considering the picture, the direction of sunlight indicated it was taken between 1:00 and 1:30 in the afternoon. With the identifying fence and utility pole landmarks, it is believed to be that of the Estherville cemetery prior to monument relocation and repair. Ms. Leonard noted that although there are no native burials in the site, there is an Indian burial ground nearby within the Plank Road allowance. She submitted photographs taken earlier in the day to the Clerk. (b) 7:15 p.m. - Isaac Froese regarding temporary housing for labourers Item 9.1(b) Mr. Froese advised that a US company has expanded the contracted acreage for cucumber crops. As a result, growers have a need for more temporary housing (approximately 6 months annually), for the migrant Mexican farm workers needed to harvest these crops. He suggested that Council consider requirements similar to Norfolk County for a solution. (c) 8:05 p.m. - Doug Lester, Otter Valley Chamber of Commerce regarding Dredging Application process Mr. Lester reported that dredging would not be able to proceed at this time. He added that$17,000 had been raised. He noted that ice movement had created a depth of 11' at the end of the pier. Noting that further out there may be only 1%' depth, he added that soundings will continue. (d) 8:15 p.m. - Mary Taylor regarding Vienna library closure Item 9(b) Ms. Taylor noted her concern regarding the loss of services and an historic landmark with the closure of the Vienna Library proposed by Elgin County. She suggested many of the local school children would suffer from the loss of library availability in Vienna. She encouraged Council to make an effort to save the remains of local services and history. (e) 8:30 p.m. - Ryan Cox, OPP Detachment Commander, Ian Chapel, Staff Sergeant and John Wilson, Police Services Board regarding 2009 Annual Report and PSB Budget Item 8t19.) C Mr. Wilson presented the 2009 Police Services Budget. He noted the 2008 reconciliation resulted in a credit of $45,541. R. Cox presented his 2008 annual report. He noted that the jury selection for the Bandito murder trial was nearly complete and would start soon in London. He noted that these costs are being spread over the Elgin Group. I. Chapel presented the 2009 Business Plan. He noted the importance of using the statistics count over the previous two year Page 3 of 20 Council Minutes March 26,2000 term to determine the crime trend and plan counter actions. 5. INFORMATION ITEMS (a) Copy of Resolution passed February 11, 2009 by the City of Greater Sudbury regarding "Regulation and Provision of Resources to Monitor Retirement Homes". File: C10 (b) Copy of Resolution passed March 10, 2009 by the Municipality of South Bruce regarding funding to Ontario Conservation Authorities. File: C10 (c) Correspondence dated March 5, 9, 13, 17 and 20, 2009 from Association of Municipalities of Ontario regarding "Pedestrian-Focused Communities Events for Municipalities", "Pesticides Ban", "Province Hosting Workshops on Renewable Energy Approval Process Proposed in Bill 150 (Green Energy Act)", "Federal Rules changed for Building Canada Fund Projects with Provincial Environmental Assessments until 2011" and "Province Announces Poverty Reduction Measures: New Housing Funding and Increase to Provinically Funded Ontario Child Benefit". File: A01 (d) Correspondence dated March 4, 2009 from Ontario Good Roads Association regarding "Ontario's Cosmetic Pesticides Ban Will Take Effect This Spring". File: A01 (e) Correspondence from Local Authority Services Ltd. regarding "LAS Launches The Municipal Energy Performance Benchmarking Project". File: F12 In response to a question about the LAS program, staff advised that the municipality would be participating in the Energy Performance Benchmarking Project beyond the three buildings already assessed by Stantec. (f) Minutes of Bayham Historical Society meeting held February 12, 2009. File: C06 (g) Minutes of Bayham Health & Safety Committee meeting held February 27, 2009. File: C06 (h) Minutes of Museums Bayham meeting held March 11, 2009. File: C06 (i) Correspondence dated January 2009 from FUNdraising Friday Committee regarding "Walk Across Canada in a Day- Friday, May 1st, 2009". File: A01 (j) "UPDATE" dated February 2009 from Ministry of Municipal Affairs and Housing. File: A16 (k) Correspondence received March 3, 2009 from Polaris Institute regarding "Encouraging the consumption of tap water over bottled water". File: A01 (I) Correspondence dated March 4, 2009 from Canada Border Services Agency regarding "Document requirements to enter the United States by land and water". File: A16 (m) Correspondence dated March 2, 2009 from Elgin County Rural Initiatives Page 4 of 20 Council Minutes March 26, 200$ Committee "Snow clearing at the Canada Post community mailboxes". File: A16 (n) Correspondence dated March 2, 2009 from County of Elgin regarding "The Cost and Implementation Schedule of the New AODA Standards". File: A16 (o) Correspondence dated March 2, 2009 from Ontario Small Urban Municipalities regarding "2009 OSUM Conference &Trade Show". File: A04 (p) Correspondence dated March, 2009 from Minister Responsible for Seniors regarding "2009 Senior of the Year Awards". File: A16 (q) Corespondence received March 10, 2009 from Senior Vice-President, Corporate Social Reponsibility, Canada Post regarding "The 2009 Canada Post Community Literacy Awards". File: M02 (r) Correspondence from Parks Canada regarding "National Historic Sites of Canada Cost-Sharing Program". File: Al 6 (s) Correspondence dated March 2, 1009 from Municipality of Thames Centre regarding "Municipal Impact-Collapse of Recycled Materials Commodities Market". File: A16 (t) Correspondence dated March 16, 2009 from Ministry of Energy and Infrastructure and Ministry of Agriculture, Food and Rural Affairs regarding "OSWAP-2 funding". File: Fl 1 (u) Correspondence dated March 16, 2009 from Ministry of Municipal Affairs and Housing regarding "Earth Hour". File: A16 (v) Correspondence dated March 16, 2009 from Ministry of the Environment and Ministry of Natural Resources regarding "Implementation of the Great Lakes - St. Lawrence River Basin Sustainable Water Resources Agreement". File: Al 6 (w) Correspondence dated February 6, 2009 from Statistics Canada regarding "Data warehouse about small and medium enterprises". File: A16 (x) Correspondence received March 17, 2009 from Coaches Association of Ontario regarding "Ontario Coaches Week". File: A01 (y) Correspondence dated March 9, 2009 from Hydro One Networks Inc. regarding "Hydro One 2008 Delivery Rate Changes". File: E06 2009-134 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT information items 5(a) through 5(y) be received for information." CARRIED UNANIMOUSLY Page 5 of 20 Council Minutes March 26,200li+cl Resolution for Information Item 5(b) 2009-135 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the Council of the Municipality of Bayham supports the resolution#M09-099 of the Municipality of South Bruce passed March 10, 2009 regarding Conservation Authority provincial funding." CARRIED UNANIMOUSLY 6. PLANNING, DEVELOPMENT, RECREATION &TOURISM 1. CORRESPONDENCE & REPORTS (a) Request from Isaac Froese regarding "Temporary Housing for Labour". File: C13 2009-136 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT request from Isaac Froese regarding "Temporary Housing for Labour" be received; AND THAT the issue be forwarded to the Municipal/ Bayham Chamber of Commerce Municipal Liason Committee for comment." CARRIED UNANIMOUSLY (b) Correspondence dated March 2, 2009 from IBI Group regarding "Green Energy Act 2009 Review". File: D08 2009-137 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Correspondence dated March 2, 2009 from IBI Group regarding "Green Energy Act 2009 Review" be received for information." CARRIED UNANIMOUSLY (c) Staff Report D2009-12 regarding Schwartz Consent Application E15/09. File: D10 2009-138 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw Page 6 of 20 Council Minutes March 26,20000 "THAT Staff Report D2009-12 regarding Schwartz Consent Application E15/09 be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance application E15/09, submitted by Samuel and Mary Schwartz, be approved subject to: 1. copy of a 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, as required 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 Councillor Casier Councillor Taylor Deputy Mayor Evanitski Councillor Ketchabaw Motion Carried on a vote of 3 to 1 in favour 2. PUBLIC MEETING 2009-139 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY 1. Public Meeting 7:30 p.m. (a) 7:40 p.m. (due to delegation time overrun) Rezoning Application: to change the zoning on a 0.56 hectare (1.4 acre) parcel from Agricultural (A1)zone to the Rural Residential (RR)Zone Page 7 of 20 Council Minutes March 26, 200 ' submitted by Bill Rimnyak. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation (a) Staff Report D2009-09 was presented by the Planning Co- ordinator. She advised that no written comments or concerns from the public had been received. File D14 4. Public Comments None 5. Council Comments and Questions Councillor Ketchabaw requested the resolution reflect"Special Agriculture (A-2). 6. Adjournment (a) Adjournment of Public Meeting 2009-140 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Public Meeting be adjourned at 7:52." CARRIED UNANIMOUSLY 7. Disposition of Item (a) Disposition of Item 2009-141 Moved by Councillor Casier Seconded by Councillor Ketchabaw "THAT Staff Report D2009-09 regarding Rimnyak Rezoning Surplus Dwelling be received; AND THAT the zoning of those lands located at 7057 Plank Road in Concession 4 Part Lot 15 owned by Bill Rimnyak, subject to Elgin County Land Division Consent Application E98/08 severed parcel, be changed from Agricultural (A1) to Rural Residential (RR)Zone and retained parcel to Special Agriculture (A2)to permit the severance of a surplus farm dwelling; AND THAT Zoning By-law Z568-2009 be presented for enactment." Page 8 of 20 Council Minutes March 26,200'X9 Councillor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct and requested a recorded vote. In Favour Opposed Councillor Casier Councillor Taylor Deputy Mayor Evanitski Councillor Ketchabaw Motion Carried on a vote of 3 to 1 in favour 3. PUBLIC MEETING 2009-142 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY 1. Public Meeting 7:40 p.m. (a) 7:54 p.m. - Rezoning Application to change the zoning on a 56 hectare (138 acre) parcel from Agricultureal (Al-A)zone to Agricultural (A1)zone submitted by Samuel and Mary Schwartz. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation (a) Staff Report D2009-10 regarding Swartz Rezoning was presented by the Planning Co-ordinator. She advised that no written comments or concerns from the public had been received, 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment (a) Adjournment of Public Meeting 2009-143 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier Page 9 of 20 Council Minutes March 26, 2000 "THAT the Public Meeting be adjourned at 7:57 p.m." CARRIED UNANIMOUSLY 7. Disposition of Item (a) Disposition of Item 2009-144 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report D2009-10 regarding Schwartz Rezoning be received; AND THAT the zoning of those lands located at 53609 Eden Line in Concession 8 Part Lots 1 &2 owned by Samuel and Mary Schwartz, subject to Elgin County Land Division Consent Application E15/09, be changed from Agricultural (Al-A) to Agricultural (A1)Zone to permit the severance of a farm parcel; AND THAT Zoning By-law Z569-2009 be presented 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 Councillor Casier Councillor Taylor Deputy Mayor Evanitski Councillor Ketchabaw Motion Carried on a vote of 3 to 1 in favour 4. PUBLIC MEETING 2009-145 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY 1. Public Meeting 7:50 p.m. (a) 7:58 p.m. - Rezoning Application to change the zoning on a 0.46 acre parcel of land from Special Agricultureal (A2)Zone to the Rural Residential (RR)Zone submitted by Nez Farms Limited. 2. Declaration of Pecuniary Interest and the General Nature Thereof None Page 10 of 20 Council Minutes March 26,2008:` 3. Staff Presentation (a) Staff Report D2009-11 regarding Nez Farms Limited Rezoning was presented by the Planning Co-ordinator. She advised no written comments or concerns from the public had been received. File: D14 4. Public Comments None 5. Council Comments and Questions None 6. Adjournment (a) Adjournment of Public Meeting 2009-146 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Public Meeting be adjourned at 8:03 p.m." CARRIED UNANIMOUSLY 7. Disposition of Item (a) Disposition of Item 2009-147 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2009-11 regarding Nez Farms Limited Rezoning be received; AND THAT the zoning of those lands located in Concession 3 Lot 22 owned by Nez Farms Limited, subject to Elgin County Land Division Consent Application E14/09, be changed from Special Agriculture (A2)to Rural Residential (RR) Zone to premit the severance of a parcel to add to an existing adjacent residential lot; AND THAT Zoning By-law Z570-2009 be presented 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 Councillor Casier Councillor Taylor Deputy Mayor Evanitski Page 11 of 20 Council Minutes March 26, 200.9 Councillor Ketchabaw Motion Carried on a vote of 3 to 1 in favour 7. ROADS, AGRICULTURE & DRAINAGE (a) Notice of Intent to Pass Road Closure By-Law Staff Report PR2009-07 regarding Road Closure Application - Lots 10 and 11, Concession 8. File: T09 The Report was presented by the Administrator. He advised that no verbal or written comments had been received from any persons claiming their lands would be prejudicially affected by the closure. There were no verbal public or Council comments. 2009-148 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report PR2009-07 regarding Road Closure Application - Lots 10 and 11, Concession 8 be received; AND THAT By-law No. 2009-032, being a by-law to stop up, close and convey part of the road allowance between Lots 10 and 11, Concession 8, designated as part 1 and 2 on Plan 11R-9042, 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 Councillor Casier Councillor Taylor Deputy Mayor Evanitski Councillor Ketchabaw Motion Carried on a vote of 3 to 1 in favour (b) Notice of Project Implementation issued February 2, 2009 by the County of Elgin regarding "Black Bridge Replacement Over Little Otter Creek". File: T04 2009-149 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Notice of Project Implementation issued February 2, 2009 by the County of Elgin regarding Black Bridge Replacement Over Little Otter Creek be received for information." CARRIED UNANIMOUSLY Page 12 of 20 Council Minutes March 26, 2000 (c) Copy of Resolution passed by the Municipality of Middlesex Centre on February 4, 2009 regarding "Department of Fisheries and Oceans Requirements pertaining to Drainage Works and Bridge Reconstruction". File: C10 2009-150 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT copy of Resolution passed by the Municipality of Middlesex Centre on February 4, 2009 regarding Department of Fisheries and Oceans Requirements pertaining to Drainage Works and Bridge Reconstruction be received; AND THAT the Council of the Municipality of Bayham supports the resolution.: CARRIED UNANIMOUSLY (d) Event Road Closure Request Form from Straffordville Community Committee regarding "Watermelon Fest". File: R06 2009-151 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the Event Road Closure Request Form from Straffordville Community Committee regarding Watermelon Fest be received; THAT Council grants permission to use municipal streets within Straffordville for parade purposes; THAT Old Chapel Street south from Heritage Line to Plank Road be closed during the parade; THAT Council requests permission from the County of Elgin to use Plank Road from Third Street, south to Heritage Line and Heritage Line west to the Bayham Community Centre on Saturday August 29, 2009 between 9:30 and 11:00 a.m. during the Parade in Straffordville subject to the organizers: ❑ providing the municipality with proof of liability insurance to cover all events including naming the municipality as an additional insured; ❑ obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief(as per completion of the Municipal Road Close Notice and parade route mapping); THAT the Manager of Public Works be directed to make the necessary arrangements for traffic control and safety; AND THAT the clean up of the park area be the responsibility of Page 13 of 20 Council Minutes March 26, 200$,9 the organizers." CARRIED UNANIMOUSLY 8. PROPERTY, BUILDING & PROTECTIVE SERVICES (a) Email correspondence dated March 11, 2009 from Doug Lester requesting "Permission for Contained Fire on Easter Morning". File: C13 2009-152 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT correspondence dated March 11, 2009 from Doug Lester requesting Permission for Contained Fire on Easter Morning be received; AND THAT the Council of the Municipality of Bayham approves the use of East Beach for a sunrise service by the Trinity and St. Luke's Anglican Parish on April 12th subject to the provision of proof of liability insurance." CARRIED UNANIMOUSLY (b) Request from the Calton Community to use the Municipal sign to advertise Calton Hall Charity Auction. File: C13 2009-153 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the request from the Calton Community to use the Municipal sign to advertise Calton Hall Charity Auction be received; AND THAT approval be granted to use the sign subject to municipal needs." CARRIED UNANIMOUSLY (c) ELGIN Group Police Services Board 2008 Annual Report and Ontario Provincial Police 2009 Business Plan. File P17 2009-154 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Elgin Group Police Services Board 2008 Annual Report and Ontario Provincial Police 2009 Business Plan be received for information." CARRIED UNANIMOUSLY 9. FINANCE, ADMINISTRATION & PERSONNEL Page 14 of 20 Council Minutes March 26, 200$,`t (a) Cheque Register being Cheque#6084 to Cheque#6181 inclusive, except Cheques#6130 and #6148 totaling $1,245,661.24 and Payroll Disbursements for the period ending March 8, 2009 totaling $50,499.79. 2009-155 Moved by E Ketchabaw Seconded by W Casier "THAT Cheque Register being Cheque#6084 to Cheque #6181 inclusive, except Cheques#6130 and#6148 totaling $1,245,661.24and Payroll Disbursements for the period ending March 8, 2009 totaling $50,499.79 be approved." CARRIED UNANIMOUSLY (b) Correspondence dated March 20, 2009 from Mary Taylor regarding "Vienna Library closure". File: C13 2009-156 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Correspondence dated March 20, 2009 from Mary Taylor regarding Vienna Library closure be received for information." CARRIED UNANIMOUSLY (c) Staff Report C2009-03 regarding Vienna Library Services. File: R02 Councillor Ketchabaw questioned whether library resources/staff were being re- allocated. The Administrator suggested that it appears there would be a reduction. 2009-157 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Report C2009-03 regarding Vienna Library Services be received for information." CARRIED UNANIMOUSLY (d) Staff Report H2009-04 regarding Amendments to Non-Union Personnel Policy. File: H 2009-158 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Report H2009-04 regarding Amendments to Non- Union Personnel Policy be received; AND THAT By-Law No. 2009-035 to amend the Non-Union Personnel Policy be presented to Council for enactment." CARRIED UNANIMOUSLY Page 15 of 20 Council Minutes March 26,2000 (e) Staff Report PR2009-08 regarding Harbour Facilities RFP 2009. File: L04 2009-159 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Report PR2009-08 regarding Harbour Facilities RFP 2009 be received; AND THAT By-Law No. 2009-033 to authorize an agreement with Ron Bradfield, Bradcranex Inc. to operate the municipal Black Docks, boat launch, and finger docks for 2009 be presented to Council for enactment." CARRIED UNANIMOUSLY (f) Staff Memorandum PW2009-01 regarding Resolution of Council - 106. File: TOO 2009-160 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Memorandum PW2009-01 regarding Resolution of Council - 106 be received; AND THAT the County of Elgin be requested to consider pedestrian enhancements on the shoulders of the Vienna hill on Plank Road as soon as possible." CARRIED UNANIMOUSLY (g) Email correspondence dated March 18, 2009 from County of Elgin requesting waiver of fees for use of the Bayham Community Centre for public meeting. File: T06 2009-161 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT request from County of Elgin requesting waiver of fees for use of the Bayham Community Centre for public meeting be received; AND THAT Council approves the fee waiver request, AND THAT the County of Elgin be responsible for the cleaning fees only." CARRIED UNANIMOUSLY (h) Staff Report F2009-16 regarding Telus Banking Agreement. File: F04/L04 2009-162 Moved by Councillor W Casier Page 16 of 20 Council Minutes March 26, 200 Seconded by Councillor M Taylor "THAT Staff Report F2009-16 regarding Telus Banking Agreement be received; AND THAT by-law 2009-036 being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Telus Cash Management Solutions GP for the provision of electronic bill Payment services be presented to Council for enactment." CARRIED UNANIMOUSLY (i) Staff Report F2009-17 regarding Tax Review Agreement. File: F04/L04 2009-163 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report F2009-17 regarding Tax Review Agreement be received; AND THAT by-law 2009-037, being a by-law to authorize the execution of an agreement between the Municipality of Bayham and R&T Tax Management Inc. for the provision of tax review services, be presented to Council for enactment." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) 2008 Annual Summary Report for Municipal Water Systems. File: E08 2009-164 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT 2008 Annual Summary Report for Municipal Water Systems be received for information." CARRIED UNANIMOUSLY (b) Staff Report E2009-04 regarding Waste Management Services. File: E07 2009-165 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Report E2009-04 regarding Waste Management Services be received; AND THAT Council authorize the extension of contracts with Norfolk Disposal Services Limited, for the provision of weekly Waste Disposal, Collection of Residential and Commercial waste, bulk collection bins, and for the provision of weekly collection and disposal of recyclables, as outlined in Report E2009-004, for a Page 17 of 20 Council Minutes March 26, 200$` period to expire June 1, 2011. AND THAT a by-law be prepared to extend the contracts" CARRIED UNANIMOUSLY (c) Staff Report F2009-18 regarding Ontario Small Waterworks Assistance. File: F05 2009-166 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Report F2009-18 regarding Ontario Small Waterworks Assistance be received; AND THAT By-Law No. 2009-041, being a by-law to authorize an agreement between the Municipality of Bayham and Her Majesty the Queen in Right of Ontario be presented to Council for enactment." CARRIED UNANIMOUSLY MOTION TO EXTEND LENGTH OF MEETING 2009-167 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT in accordance with Section 12 of Procedural By-law 2002- 93, Council shall deal with business until 11 p.m. at its meeting of March 26, 2009." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2009-168 Moved by M Taylor Seconded by E Ketchabaw "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 10:30 p.m. to discuss: • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board." CARRIED UNANIMOUSLY (b) Closed session minutes of the Closed Session Budget meeting held Tuesday, March 3, 2009. Page 18 of 20 Council Minutes March 26,200k 9 (c) Closed Session minutes of the Regular meeting held Thursday, March 5, 2009. (d) Closed Session minutes of the Special Closed Session meeting held Monday, March 9, 2009. (e) Confidential Report regarding legal matter. (f) Out of Camera. 2009-169 Moved by E Ketchabaw Seconded by M Taylor "THAT the Committee of the Whole do now rise from the "In Camera" session at 10:38 p.m." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law Z568-2009 A By-Law to further amend Bayham Zoning By-Law Z456-2003 (Rimnyak) (b) By-Law Z569-2009 A By-Law to further amend Bayham Zoning By-Law Z569-2009 (Schwartz) (c) By-Law Z570-2009 A By-Law to further amend Bayham Zoning By-Law Z456-2003 (Nez Farms Limited) (d) By-Law 2009-032 A By-Law to Stop Up, Close and Convey part of unopened road allowance (Lots 10 & 11, Concession 8) (e) By-Law 2009-033 A By-Law to authorize the execution of a lease agreement (Bradfield) (f) By-law 2009-034 A By-Law to authorize the execution of an agreement (Walsh) (g) By-Law 2009-035 A By-Law to amend Bayham By-Law 2002-98 (Non-Union Personnel Policy) (h) By-Law 2009-036 A By-Law to authorize the execution of an agreement (Telus Cash Management Solutions) (i) By-Law 2009-037 A By-Law to authorize the execution of an agreement (R&T Tax Management) (j) By-Law 2009-038 A By-Law to establish a tax reduction program (Heritage Properties) (k) By-Law 2009-041 A By-Law to authorize the execution of an agreement (Ontario Small Waterworks Assistance Program - Part 2) 2009-170 Page 19 of 20 Council Minutes March 26,2001,°\ Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-Laws Z568-2009, Z569-2009,Z570-2009, 2009-032, 2009- 033, 2009-034, 2009-035, 2009-036, 2009-037, 2009-038 and 2009- 041 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (I) By-Law 2009-042 A By-Law to confirm all actions of Council 2009-171 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT confirming By-Law 2009-042 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2009-172 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT the Council meeting be adjourned at 10:40 p.m." CARRIED UNANIMOUSLY A helle? *A*' CLERK Page 20 of 20