HomeMy WebLinkAboutMay 21, 2009 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
Thursday,May 21,2009
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,May 21,
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 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
None
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of council held May 7,2009.
It was requested by Councillor Taylor that the May 7th minutes, item 6b,be
amended to read"Councillor Taylor requested that a letter be sent to Mr.Parker,
Ministry of Transportation of Ontario,London, inviting him and the County of Elgin
to attend a meeting with Council and the letter be copied to Maly Taylor."
Councillor Tayor requested a copy of the letter also be provided to him.
2009-271
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT the minutes of the regular meeting held May 7,2009,as
amended,be approved as circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
2009-272
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
Staff Memorandum C2009-06 and By-law 2009-078 regarding cemeteries
contract be added to the agenda as items 9(g) and 12 respectively."
Page 1 of 13
Council Minutes May 21,2009
CARRIED UNANIMOUSLY
4. DELEGATIONS
(a) 7:05 p.m.- Wanda Hoshal regarding Estherville Cemetery
Mrs. Hoshal advised she had received nothing further from the Cemeteries Branch.
She questioned the validity of the Archaeological assessment conducted onlly on the
building footprint. She noted support for proceeding with placing a holding
designation on the property as noted in Staff Report C2009-09 to be considered
later in the meeting.
(b) 7:15 p.m.- Brian Hamilton regarding questions for Council
Brian Hamilton, Country Camping,provided his comments on various matters. He
suggested that it would be more appropriate to put gravel on the northern,rather
than the southern section of Woodworth Road. He raised concerns with recent
R.I.D.E. checks being held on the long weekend in front of his establishment. He
estimated participation by up to ten officers was a waste of taxpayer dollars and
questioned whether there was a vendetta against him.
It was commented that the goal of the R.I.D.E. checks is to make the roads safer.
He reminded Council that visitors to his campgrounds also spend tourism monies
throughout the Municipality.Mr.Hamilton also noted a large number of signage
locally and asked whether all signage was approved and the permit fees paid.
He was advised that currently permits are only required for signs designated under
the Ontario Building Code in that area.
Mr.Hamilton inquired about process to have an employee dismissed,and thanked
Council for those who have supported him in the past.
(c) 7:25 p.m.-Dennis DeLeo regarding Ferry Service
Mr.Deleo spoke on behalf of ferry owner/operator Paul Blais in regard to a service
proposal between Port Burwell and Ashtabula or Conneaut,Ohio,USA.He
suggested that they were shovel ready to provide a ferry service capable of holding
485 passengers and 86 cars. He commented that this would include a duty-free
shop,create summer jobs,benefit the community through enhanced tourism and the
environment through a reduction of road traffic.He added that sea travel would
save 15%of the cost compared with land travel and would reduce travel time from
about eleven hours to three hours per crossing.
Following discussion with Council,Mayor Acre suggested the company provide a
detailed business plan package to the Municipality and the Administrator would
arrange a meeting with the local MP and MPP.
5. INFORMATION ITEMS
(a) Copy of resolution passed by the City of Cornwall,April 27, 2009 regarding
Page 2 of 13
Council Minutes May 21,2009
"Provincial Harmonized Sales Tax:.
File: C10
(b) Bayham Historical Society draft minutes of meeting held March 12,2009.
File: C09
(c) Museums Bayham draft minutes of meeting held May 13,2009.
File: C06
(d) Lake Erie Region Source Protection Committee minutes of meeting held April 2,
2009.
File: E00
(e) Correspondence dated May 5, 12, 13 and 15, 2009 from Association of
Municipalities of Ontario regarding "AMO Establishes Task Force to Foster Local
Economic Development Opportunities", "Government Announces Bridge Funding
for 2010- 2011 to Support Ontario's Municipalities and Families in Looming Child
Care Crisis", "Green Energy Act Regulation Posted on EBR for Comment", "AMO
Signs Memorandum of Cooperation with Union of Municipalities of Quebec",
"AMO Continues to Push for Successful Implementation of AODA" and
"Government of Canada launched$348.9 million Community Adjustment Fund for
Ontario".
File: A01
(f) Correspondence from Association of Municipalities of Ontario regarding"The
Meetings Series"workshop.
File: A01
(g) Correspondence dated May 4,2009 from Association of Municipalities of Ontario
regarding "Count Me In Campaign! and Energy Conservation Week- May 17-
23,2009".
File: A01
(h) Correspondence received from Minister Responsible for Seniors regarding
"Seniors'Month".
File: A16
(i) Correspondence dated May 1,2009 from Minister Responsible for Seniors
regarding "2009 Senior Achievement Award Program".
File: A16
(j) Correspondence dated May 1, 2009 from Stewardship Ontario regarding"2008
annual report". (complete report available upon request)
File: E07
(k) Correspondence dated April 29,2009 from County of Elgin regarding resolution
passed and report"Request to Improve Plank Road- Vienna Hill".
File: C10
(1) Correspondence dated May 4, 2009 from Ministry of Education regarding
"Bullying: We Can All Help Stop It".
File: A16
Page 3 of 13
Council Minutes May 21,2009
(m) Correspondence received May 14,2009 regarding"Burn Survivors Support
Network of Southwestern Ontario".
File: P16
(n) Correspondence dated May 11,2009 from Minister of Industry regarding
"Canada's Economic Action Plan".
File: Al6
(o) Correspondence received May 13,2009 from Ministry of Citizenship and
Immigration regarding"Ontario Medal For Good Citizenship".
File: M02
(p) Correspondence from Canada Mortgage and Housing Corporation regarding
"Helping Municipalities Build Stronger Communities" along with follow up
corrrespondence advising of additional Webinar dates.
File: F11
(q) Email correspondence from Inspector Ryal Cox regarding"Elgin County OPP
Grant Awarded-For Speed Sign".
File: T08
(r) Notice dated May 15,2009 from Federation of Canadian Municipalities along with
agenda of 2009 Annual General Meeting to be held June 7,2009.
File: A01
(s) Correspondence dated April 30, 2009 from Ontario Provincial Police regarding
"Frontiers- A Century of Policing".
File: P17
(t) Correspondence dated April 29,2009 from Town of Ingersoll regarding"Bill 221,
Workplace Safety and Insurance Amendment Act(Presumptions for Firefighters)".
File: C10
(u) Copy of resolution passed April 27,2009 by the Council of the Township of
Centre Wellington regarding"Bill 221 the Workplace Safety and Insurance
Amendment Act 2007(Presumptions for Firefighters)".
File: C10
(v) Correspondence dated May 6,2009 from the Corporation of the Township of
Woolwich regarding "Resolution Requesting Support of an Extension to the
Workplace Safety and Insurance Amendment Act to Include Coverage for
Volunteer and part-time Fire Fighters".
File: C10
2009-273
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT information items 5(a)through 5(v)be received for information."
CARRIED UNANIMOUSLY
Page 4 of 13
Council Minutes May 21,2009
2009-274
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT items 5 t,u,v be deferred pending further information on impacts".
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
(a) Notification of Special Event from Edison Museum regarding Edison Fest.
File:
2009-275
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT the Request for Special Event Notification from Edison Museum
be received;
THAT the Council of the Municipality of Bayham approves the request for
permission to use the Memorial Park in Vienna for the Edison Fest to be
held Sautuday June 6,2009 from 8:00 am until 9:00 p.m.;
THAT two additional Jimi Jons and a hand washstand be supplied;
AND THAT the Bayham Public Works Manager be directed to provide a
sufficient amount of picnic tables."
CARRIED UNANIMOUSLY
(b) Staff Report D2009-18 regarding Official Plan Amendment No. 9 (Harms)
Approval and Zoning By-law Z563-2008 Third Reading.
File: D09/D14
2009-276
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report D2009-18 regarding Harms OPA No.9 Decision and
Zoning By-law Z563-2008 be received;
AND THAT Zoning By-law Z563-2008, being a by-law to further
amend Zoning By-law Z456-2003 be presented for Third Reading."
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
Page 5 of 13
Council Minutes May 21,2009
(c) Staff Report D2009-19 regarding Mennonite Church in Christ Site Plan Agreement
(By-law 2007-063).
File: D l 1
2009-277
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT Staff Report D2009-19 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
second time for one year to June 7,2010."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE&DRAINAGE
(a) Staff Report PW2009-11 regarding Oversize/Overweight Vehicle Permits.
File:T06
The Administrator reviewed the history of the issue and details of the report. In
response to questions he confirmed costs for remediation or needed improvements
would be recovered from the applicants on a cost recovery basis.
2009-278
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report PW2009-11 regarding Oversize/Overweight Vehicle
Permits be received;
AND THAT By-law No. 2009-072,being a By-law to Regulate the
Movement of Over-dimensional Vehicles on Municipal Roads,be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report DR2009-006 regarding Emerson Municipal Drain- West Branch
ReApportionment pursuant to Section#65 of the Drainage Act(Nez Farms Limited
Proposed Severance Consent Application)
File: E09
2009-279
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT Staff Report DR2009-006 regarding apportionment of assessments
contained within the Emerson Municipal Drain—West Branch be received;
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Council Minutes May 21,2009
AND 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 Nez Farms Limited and Trevor
and Jennifer Fulton is hereby filed and accepted by Council;
AND THAT By-law#2009-076 being a By-law to amend the drainage
assessment for those lands identified as Assessment Roll#34-01-000-002-
09450 in the watershed of the Emerson Municipal Drain—West Branch
referred to in Engineer's Report forming part of Bayham Township By-law
#1610, be presented to Council for enactment."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
(a) Staff Report PR2009-11 regarding Road Closure- Lots 118 and 119- Mitchell
Road.
File: T09
The Administrator presented the report,noting that a request had been received
from Amtelecom for an easement to access the area in the section to be closed.
There were no questions or comments from the public.
Councillor Taylor questioned whether the easement was a cost to taxpayers.
Administrator Kruger noted that the closure is not in effect until registered and that
the easement is a part of the process along with other steps to be taken.
2009-280
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT Staff Report PR2009-11 regarding Road Closure-Lots 118 and
119-Mitchell Road be received;
AND THAT By-law No. 2009-073, being a By-law to stop up, close and
convey part of the road allowance between lots 118 and 119, Concession
STR, designated as Part 5 Plan 11R-9059,and Part of the given road in Lot
119, Concession STR, designated as Part 4 Plan 11R-9059 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
Page 7 of 13
Council Minutes May 21,2009
9. FINANCE,ADMINISTRATION &PERSONNEL
(a) Cheque Register being Cheques#6413 to Cheque#6502 inclusive,except
Cheques#6486 totaling$147,177.16 and Payroll Disbursements for the period
ending May 3,2009 totaling$51,523.66.
2009-281
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT Cheque Register being Cheques#6413 to Cheque#6502 inclusive,
except Cheques#6486 totaling$147,177.16 and Payroll Disbursements for
the period ending May 3,2009 totaling$51,523.66 be approved."
CARRIED UNANIMOUSLY
(b) Staff Report F2009-27 regarding RInC grant application.
File: Fll
2009-282
Moved by Councillor M Taylor
Seconded by Councillor C Evanitski
"THAT Staff Report F2009-27 regarding RInC application be received;
THAT council endorse the proposed RInC applications;
AND THAT council authorize staff to apply for the replacement of
playground infrastructure at the Straffordville ballpark and the Port Burwell
ballpark."
CARRIED UNANIMOUSLY
(c) Correspondence dated May 1,2009 from Central Elgin regarding"Amalgamation
of Conservation Authorities".
File:A16
Additional correspondence dated May 14,2009 from the Catfish Creek
Conservation Authority in this regard was circulated to Council.
Deputy Mayor Evanitski commented that there are thirty-six CA's in Ontario,
ranging in size and services. He noted that the LPRCA has been active in the Otter
watershed adding that legislation,such as the Endangered Species Act,requires
more CA services without any additional funding.He added that the three CA's,
Catfish,Kettke and Long Point,have been working together on the Source Water
Protection Committee and there is interest in a sit-down discussion as to whether
there are any savings to be had in combined services.
He advised that that LPRCA Board is interested in identifying the pros and cons of
a potential amalgamation in regard to cost savings and added that,as General
Manager,he has been directed to prepare a Feasibility Study.
Page 8ofl3
Council Minutes May 21,2009
Deputy Mayor Evanitski did not vote on this item.
2009-283
Moved by Councillor E Ketchabaw
Seconded by Councillor M Taylor
"THAT the correspondence from The Municipality of Central Elgin
regarding Amalgamation of Conservation Authorities be received;
AND THAT Council express support to LPRCA to discuss the potential of
Authority amalgamations."
CARRIED
(d) Staff Report C2009-010 regarding Cemetery updates.
File: C12/S09
2009-284
Moved by Councillor E Ketchabaw
Seconded by Councillor C Evanitski
"THAT Staff Report C2009-010 regarding Cemeteries be received;
THAT By-Law 2009-074,being a by-law to amend appointments By-Law
2009-006,be presented to Council for enactment;
AND THAT By-Law 2009-075,being a By-law to confirm and adopt specific
names for certain Municipal Cemeteries,be presented to Council for
enactment."
CARRIED UNANIMOUSLY
(e) Staff Report C2009-09 regarding Old Port Burwell(Estherville)Cemetery.
File: S09
Staff was directed to make a further attempt through the MPP to get a
representative from the Cemetery Regulations Unit to attend to address the
Estherville concerns.
2009-285
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"THAT Staff Report C2009-09 regarding Old Port Burwell(Estherville)
Cemetery be received;
AND THAT Council request activities through Provincial authorities (ie:
Minister of Small Business and Consumer Services,MPP)."
CARRIED UNANIMOUSLY
(f) Correspondence dated May 8, 2009 from Germain&Theresa Blondin advising
they will no longer be running the concession stand on the East Beach.
Page 9 of 13
Council Minutes May 21,2009
File: C 13
2009-286
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
"THAT correspondence dated May 8,2009 from Germain&Theresa
Blondin regarding termination of the contract for the operation of a
concession stand on the East Beach be received;
AND THAT Council agrees to the termination of the Concession services
and directs that a By-law be prepared to repeal By-law 2009-018
authorizing the renewal of the agreement for Council support at the next
Council meeting."
CARRIED UNANIMOUSLY
(g) Staff Memorandum C2009-06 regarding Cemeteries Contract.
2009-287
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT the price quotes submitted by Len Froese for cemetery care
services be approved;
AND THAT By-Law 2009-078,being a by-law to authorize the execution of
an agreement between the Municipality of Bayham and Ground Effects
Landscape&Design for the provision of additional cemetery care services,
and to repeal By-law 2009-069,be presented to Council for enactment."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Quarterly Report for the Bayham Water Distribution System and call ins for period
ending March 31,2009.
File: E08
2009-288
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT Quarterly Report for the Bayham Water Distribution System and
call ins for period ending March 31,2009 be received/for information."
CARRIED UNANIMOUSLY
(b) Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the
period ending March 31,2009.
File: E08
Water/Wastewater Superintendent Ed Roloson,advised that the Health Unit has
Page 10 of 13
Council Minutes May 21,2009
rolled out a program for the Small Municipal Non-Residential Wells and will be
hiring a person for the new position, in the fall.
2009-289
Moved by Councillor C Evanitski
Seconded by Councillor M Taylor
"THAT Quarterly Report for the Bayham Small Municipal Non-
Residential Wells for the period ending March 31,2009 be received/for
information."
CARRIED UNANIMOUSLY
(c) Wastewater Treatment Plant Quarterly Compliance Report and call ins for the
period ending March 31,2009.
File: E08
2009-290
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
THAT Wastewater Treatment Plant Quarterly Compliance Report and call
ins for the period ending March 31,2009 be received/for information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
Deputy Mayor Evanitski requested a Closed Session regarding a personal matter.
(a) In Camera.
2009-291
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 9:44 p.m.to discuss:
personal matters about an identifiable individual,including municipal
or local board employees."
CARRIED UNANIMOUSLY
(b) Confidential Item regarding a personal matter.
(c) Out of Camera.
2009-292
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
Page 11 of 13
Council Minutes May 21,2009
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 9:55 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law Z563-2008 A By-Law to further amend Zoning
By-Law Z456-2003 (Harms)
Third Reading only
(b) By-Law 2009-072 A By-Law to regulate the movement of
over-dimensional vehicles on municipal roads
(c) By-Law 2009-073 A By-Law to stop up,close and
convey part of the road allowance(Ens)
(d) By-Law 2009-074 A By-Law to amend By-Law 2009-006(Boards and
Committees Members)
(e) By-law 2009-075 A By-Law to adopt specific names for certain municipal
cemeteries
(f) By-Law 2009-076 A By-Law to further amend By-Law 1610(Emerson
Municipal Drain- West Branch)
(g) Added By-Law 2009-078 A By-Law to Authorize an Agreement with Ground
Effects&Landscape&Design(added cemeteries)
2009-293
Moved by Councillor C Evanitski
Seconded by Councillor M Taylor
"THAT By-Laws Z563-2008,2009-072,2009-073, 2009-074,2009-075,
2009-076 and 2009-078 be read a first, second and third time and finally
passed."
CARRIED UNANIMOUSLY
(h) By-Law 2009-077 A By-Law to confirm all actions of Council
2009-294
Moved by Councillor M Taylor
Seconded by Councillor C Evanitski
"THAT confirming By-Law 2009-077 be read a first,second and third time
and finally passed."
CARRIED UNANIMOUSLY
Page 12 of 13
Council Minutes May 21,2009
13. ADJOURNMENT
(a) Adjournment
2009-295
Moved by Councillor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Council meeting be adjourned at 10:00 p.m."
CARRIED UNANIMOUSLY
CLERK
Page 13 of 13