HomeMy WebLinkAboutJune 18, 2009 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
Thursday,June 18,2009
7:00 p.m.
6:30 p.m. Committee of Adjustment-Minor Variance Application
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,June 18,
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,Chief Building Official Bill Knifton and
Public Works Manager Gerry LeMay 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 June 4,2009.
2009-322
Moved by Councillor E Ketchabaw
Seconded by Councillor C Evanitski
"THAT the minutes of the regular meeting held June 4,2009 be approved
as circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
4. DELEGATIONS
Council consented to the addition of delegations and bringing forward items 9(c)-
Marion Rodgers, 9(g)- Kim Tait and 5(a)—Wanda Hoshal.
(a) 7:05 p.m.Auditors Graham, Scott,Enns regarding 2008 Financial Statements and
Auditors Report Item 9(b)
Mr.Robert Foster of Graham Scott Enns presented the audited 2008 financial
statements for the municipality.He confirmed that the municipality is in a sound
Page 1 of 14
Council Minutes June 18, 2009
financial position. He projected asset management costs for 2010 of$30,000 to
$40,000.
Mr.Foster thanked Council and attendees for their interest in the presentation of
the statements.
Regarding item 9(c),Ms.Marion Rogers presented a proposal to Council
requesting the issuance of marriage licenses locally and support for her appointment
as an official to solemnize marriages. She suggested there is a need for such services
in Port Burwell/Bayham and that the proposal would help promote the area and
provide employment opportunities beneficial to the local economy.
It was noted that the Clerk has the authority to appoint such officials and is
responsible for ensuring that the regulations are met. Staff were requested to
research the requirements and legalities of such an undertaking and report back to
Council.
(b) 7:30 p.m.Mike Timmerman,Country Camping to provide details of upcoming
event to be held at the campground.Item 9(f)
Mr.Mike Timmermans advised that he had recently purchased the Country
Camping property and is interested in expanding musical entertainment at the site
through a"concert"setting,such as BayFest,with overnight camping. He would like
to hold a big band event on the Labour Day weekend.
Mr.Timmermans is to receive a copy of the noise by-law and meet with staff to
discuss zoning,noise by-law compliance and any other concerns.
(c) 7:45 p.m. Kim Tait regarding Eden Community Centre
Regarding item 9(g)Mrs. Kim Tait advised that the Eden community wishes to
continue to use the centre there. She commented that they could use more time and
volunteers to help with repairs. She added that the group will meet on June 22nd
and invited Council to attend.Deputy Mayor Evanitski,Councillors Casier and
Ketchabaw and Administrator Kruger offered to attend.
5. INFORMATION ITEMS
(a) Verbal update regarding Estherville Cemetery.
Regarding item 5(a)Mrs. Wanda Hoshal cited new information regarding a find of
broken cemetery markers,possibly from Estherville. She suggested municipal
insurance should cover the costs to retrieve the stones and put them back at the
cemetery site.
It was confirmed that no action has been taken in regard to rezoning the abutting
property.Further update was delayed pending presentation of item 8(a)by
Councillor Taylor.
Page 2 of 14
Council Minutes June 18, 2009
(b) Copy of resolution passed June 2,2009 by the Corporation of the Township of
Bonnechere Valley regarding"annual grants for public libraries".
File: C10
(c) Correspondence received from Wallaceburg Disaster Relief Committee regarding
"financial assistance to assist victims of flood damages".
File C10
(d) Copy of resolution passed May 25,2009 by the Town of Fort Erie regarding
"Petition Province to include hospitals under jurisdiction of Ombudsman".
File: C10
Mayor Acre suggested this item should be supported and offered to take to the
next hospital board meeting for consideration.
(e) Copy of resolution passed May 19,2009 by the City of Pickering regarding
"Harmonized Sales Tax".
File C10
(f) Copy of resolution passed May 25,2009 by the Corporation of the Town of
Hawkesbury regarding"Economic climate Investment and jobs".
File C10
(g) Copy of resolution passed May 20, 2009 by the Municipality of Hastings Highlands
regarding"emergency service during downed power lines".
File: C10
(h) Correspondence dated June 1,5, 10 and 11, 2009 from Association of
Municipalities of Ontario regarding"Needle Safety Regulatory Review", "Federal
and Provincial Governments Commit$2.3 Billion to Municipal Infrastructure in
Ontario", "Feed-in Tariff Contract Posted for Comment", "Count Me In!
Community Challenge Now Underway", "Ministry of Municipal Affairs and Housing
signs$1.2 billion Housing Agreement with Federal Government"and"Green Energy
Act Planning Approval Regulation Consultations".
A01
Mayor Acre noted that Jim Wilgar had commented at the Wind Interpretive Centre
meeting,that the number of existing turbines constructed along the Lake Erie
shoreline would have been greatly reduced had the draft regulations of the new
"Green Energy"legislation been in place.Public input is being invited by the
Province regarding the new rules for Green Energy projects.
(i) Correspondence dated June 3,2009 from Ministry of Municipal Affairs and
Housing regarding"Affordable Housing Strategy Consultations Launched McGuinty
Government Seeks Input On Long-Term Plan".
File: A 16
(j) Bayham Health&Safety Committee minutes of meeting held Thursday,May 14,
2009.
File: C06
Page 3 of 14
Council Minutes June 18,2009
(k) Correspondence dated May 21,2009 from Great Lakes and St. Lawrence Cities
Initiative regarding"The Mayors'Great Lakes Action Plan".
File: A16
(1) Lake Erie Region Source Protection Committee draft minutes of meeting held
Thursday,May 7,2009.
File: E00
(m) Lake Erie Region Source Protection Committee agenda of meeting held Thursday,
June 4,2009.
File: E00
(n) Long Point Region Conservation Authority Board of Directors minutes of meeting
held May 6,2009.
File: A16
(o) Email correspondence from Community Futures Development Corporation of
Middlesex County regarding"Small Business Internship Program".
File: A16
(p) Correspondence dated June 3,2009 from County of Elgin regarding"Elgin County
and the Municipality of Durham Win A.M.C.T.O.'s E.A. Danby Award".
File: A16
(q) Ontario Good Roads Association newsletter dated April 2009 regarding"Highlights
from the Board of Directors".
File: A01
(r) Ontario Chamber of Commerce "Focus"newsletter.
File: A01
(s) South West Local Health Integration Network highlights-May 2009.
File: A01
(t) Correspondence dated May 15,2009 from Ontario Heritage Trust regarding
"2009 Recognition programs".
File: R01
(u) Correspondence dated June 1, 2009 from the Government of Canada and the
Province of Ontario regarding"Sport Funding Announcement".
File:A16
2009-323
Moved by Councillor E Ketchabaw
Seconded by Councillor C Evanitski
"THAT information items 5(a)through 5(u)be received for information."
CARRIED UNANIMOUSLY
Page 4 of 14
Council Minutes June 18, 2009
2009-324
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT Council support the resolution by the Township of Bonnechere
Valley requesting an increase in provincial grants for libraries to 15% of
library annual revenue."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
(a) Staff Report D2009-22 regarding Draft License System for Refreshment Vehicles
was presented by the Planning Co-ordinator.
File:P09
Council discussion raised concerns that the requirements contained in the draft by-
law were more far-reaching and restrictive than what Council had originally
envisioned.
2009-325
Moved by Councillor E Kechabaw
Seconded by Councillor C Evanitski
"THAT Staff Report D2009-22 regarding licensing refreshment vehicles be
deferred."
CARRIED UNANIMOUSLY
(b) Staff Report D2009-23 regarding Schroyens Consent Application E27/09.
File: D10.09
2009-326
Moved by Councillor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2009-23 be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E27/09,submitted by Kari
Schroyens,be approved subject to:
1. copy of a final survey provided to the municipality
2. apportionment of assessment for drainage as per the Drainage
Act requirements
3. Letter of Undertaking confirming the conveyance of the severed
parcel to the adjacent property owned by Wayne and Stacie
DeJong identified as assessment Roll#34-01-000-004-0240
4. the removal or relocation of the small shed from the identified
easement area."
Councillor Taylor noted his opposition to decisions made based on
Page 5 of 14
Council Minutes June 18, 2009
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 D2009-24 regarding Hildebrandt Consent Application E37/09.
File: D10.09
2009-327
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"THAT Staff Report D2009-24 be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E37/09, submitted by John
Hildebrandt and Wilhelm Hildebrandt,be approved subject to:
1. copy of a final survey provided to the municipality
2. apportionment of assessment for drainage as per the Drainaze
Act requirements
3. $500 cash-in-lieu of parkland dedication fee
4. providing water quality testing reports,including testing for
nitrates and bacteria,to demonstrate potability for residential
use
5. providing water quantity testing report to demonstrate quantity
for residential use
6. Sewer Services Permit
7. Lot Grading Plan"
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 6 of 14
Council Minutes June 18,2009
(d) Staff Report D2009-25 regarding Grant/Oakley Consent Application E39/09.
File: D10.09
It was noted that the building,encroaching on the public right-of-way,is in good
condition and rather than be demolished,an encroachment agreement may be in
order.
2009-328
Moved by Councillor E Ketchabaw
Seconded by Councillor C Evanitski
"THAT Staff Report D2009-25 be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E39/09,submitted by Timothy and
Sherri Oakley,be approved subject to:
1. copy of a final survey provided to the municipality
2. rezoning of the severed and retained parcels
3. Letter of Undertaking confirming the merger of the severed
parcel with the property identified as Assessment Roll#34-01-
000-004-09201
4. Site Plan Agreement between the owner of the northerly
industrial lands and the municipality
5. removal or relocation of the barn from the identified public
right-of-way or the owner enter into an encroachment agreement
with the municipality
6. removal of windows and debris from the identified public right-
of-way."
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
7. ROADS,AGRICULTURE &DRAINAGE
(a) Staff Report DR2009-007 regarding Petition for Drainage from Jan Collins&John
Pedersen.
File: E09
2009-329
Moved by Councillor E Ketchabaw
Page 7 of 14
Council Minutes June 18,2009
Seconded by Councillor C Evanitski
"THAT Council of the Municipality of Bayham acknowledges the filing with
the Clerk of the Petition for drainage works by Jan Collins and John
Pedersen on June 8,2009.
AND THAT Staff Report DR2009-007 regarding the petition for drainage
improvement be received;
AND THAT Council wishes to proceed with this matter and appoints
Spriets Associates,Engineers,to prepare a preliminary report on the
proposed drainage area,pursuant to Section 5 of the Drainage Act,for
Council's consideration."
CARRIED UNANIMOUSLY
(b) Staff Report PW2009-12 regarding Hot Mix Transporter Tender.
File: F18
The Manager of Public Services requested deferral of this item until the next
meeting
2009-330
Moved by Councillor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Staff Report PW2009-12 be deferred."
CARRIED UNANIMOUSLY
(c) Staff Report PW2009-13 regarding Steel Insulating Siding Works Garage.
File: F18
2009-331
Moved by Councillor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Staff Report PW2009-13 be received;
AND THAT By-Law No. 2009-084 being a by-law to authorize the
execution of a contract agreement with Ed Matthews Construction for the
supply and installation of steel insulated siding be presented to Council for
enactment."
CARRIED UNANIMOUSLY
(d) Staff Report PW2009-14 regarding Supply and Install Sand/Salt Shed.
File: F18
Page 8 of 14
Council Minutes June 18, 2009
2009-332
Moved by Councillor E Ketchabaw
Seconded by Councillor C Evanitski
"THAT Staff Report PW2009-14 be received;
AND THAT By-Law No. 2009-085 being a by-law to authorize the
execution of an agreement with Cover-All Building Systems of Ontario for
the supply and installation of a Sand/Salt Shed be presented to Council for
enactment."
CARRIED UNANIMOUSLY
(e) Staff Report PW2009-15 regarding Sweepster Broom for Loader.
File: F18
2009-333
Moved by Councillor E Ketchabaw
Seconded by Councillor C Evanitski
"THAT Staff Report PW 2009-15 be received;
AND THAT Council authorize the acquisition of the Sweepster Angle
Broom from Strongco Equipmentin accordance with the tender submitted
June 2,2009,at a price of$20,100 plus applicable taxes."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Request from Councillor Taylor to discuss grave markers.
Councillor Taylor provided information he had acquired through contact with a
former Bayham resident regarding a number of markers placed along the Glen Erie
Line road allowance about 40 years previous,believed to be from the Estherville
cemetery. Cr. Taylor apologized for not giving other Council members ample
opportunity to attend the site when he met with a local news reporter. The on site
investigation had determined that some names inscribed on the markers were still
legible,one being McConnell,another Saxon. Cr. Taylor suggested the area be
excavated and road works delayed until markers are put where they belong.
Involvement of the Cemeteries Regulations Branch was again raised. The
Administrator advised that staff are working with the local MPP and the Cemeteries
Branch,noting that graves markers are not an area of Provincial interest,but rather
the responsibility,if any,of the municipality. It was agreed that engineering staff at
the County of Elgin and the Long Point Region Conservation Authority be
contacted for input.
Page 9 of 14
Council Minutes June 18, 2009
9. FINANCE,ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheques#6563 to Cheque#6640 inclusive,except
Cheques#6581and#6305,totaling$135,088.72. Payroll Disbursements not
available.
2009-334
Moved by Councillor E Ketchabaw
Seconded by Councillor C Evanitski
"THAT Cheque Register being Cheque#6563 to Cheque#6640 inclusive,
except Cheques#6581 and#6305 totaling$135,088.72 be approved."
CARRIED UNANIMOUSLY
(b) Consolidated Financial Statements for the year ending December 31,2008 and
Auditors Report.
File: F03
2009-335
Moved by Councillor E Ketchabaw
Seconded by Councillor C Evanitski
"THAT the audited Financial Statements for the Municipality of Bayham
for the year ending December 31,2008 as prepared by Graham Scott Enns
be accepted as presented."
CARRIED UNANIMOUSLY
(c) Correspondence dated June 8,2009 from Marion Rogers regarding"wedding
licenses and wedding officiant"
File: C13
2009-336
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT correspondence from Marion Rogers regarding "wedding licenses
and wedding officiant" be received;
AND THAT staff be directed to seek legal opinion and report back to
Council."
CARRIED UNANIMOUSLY
(d) Correspondence from Elgin Community Futures Development Corporation
regarding"Name Change and Membership".
File A 16
Page 10 of 14
Council Minutes June 18, 2009
2009-337
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
"THAT the Municipality of Bayham appoint Mayor Lynn Acre and
Administrator Kyle Kruger or their designates as representatives to the
Elgin Business Resource Centre."
CARRIED UNANIMOUSLY
(e) Staff Report C2009-12 regarding Siltation Study-Port Burwell Harbour.
File: E l0
2009-338
Moved by Councillor W Casier
Seconded by Councillor C Evanitski
"That Staff Report C2009-12 be deferred."
CARRIED UNANIMOUSLY
(f) Correspondence received June 15,2009 from Mike Timmermans regarding
upcoming event at Country Camping.
File: C13/L00
(g) Staff Report PR2009-14 regarding Eden Community Centre- Repairs and
Designated Substances.
File: A20
2009-339
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report PR2009-14 be deferred."
CARRIED UNANIMOUSLY
(h) Optimist request for noise by-law exemption for Tub Daze.
2009-340
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT the Optimist Club of Otter Valley and the Port Burwell Recreation
Society request for exemption from the Noise Control By-Law 2007-57 until
1:00 a.m.on July 31,August 1,2 and 3,2009 be approved during the Tub
Daze activities on the East Beach in Port Burwell."
CARRIED UNANIMOUSLY
Page 11 of 14
Council Minutes June 18, 2009
10. ENVIRONMENT
(a) Correspondence dated June 1,2009 from the City of London regarding
"Safegarding and Sustaining Ontario's Water Act".
File: E00
2009-341
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT the Municipality of Bayham supports the correspondence dated
June 1,2009 and resolution of the City of London passed May 4,2009
regarding Safeguarding and Sustaining Ontario's Water Act;
AND THAT the Ministry of Natural Resources and the Ministry of the
Environment support that the connecting channel of the St.Clair River,
Lake St. Clair and the Detroit River be defined as being common to Lake
Huron and Lake Erie."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2009-342
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"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:
. a matter in respect of which a council,board,committee or other body
may hold a closed meeting under another Act."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held June 4,2009.
(c) Closed session minutes of the regular meeting of Council held May 7,2009.
(d) Closed session minutes of the regular meeting of Council held May 21,2009.
(e) Out of Camera.
2009-343
Moved by Councillor M Taylor
Seconded by Councillor W Casier
Page 12 of 14
Council Minutes June 18, 2009
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 10:05 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2009-084 A By-Law to authorize the execution of an agreement
(Matthews)
(b) By-Law 2009-085 A By-Law to authorize the execution of an agreement
(Cover-All Building Systems of Ontario)
(c) By-Law 2009-086 A By-Law to license refreshment vehicles(no action)
2009-344
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT By-Laws 2009-084 and 2009-085 be read a first,second and third
time and finally passed."
CARRIED UNANIMOUSLY
(d) By-Law 2009-087 A By-Law to confirm all actions of Council
2009-345
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT confirming By-Law 2009-087 be read a first,second and third time
and finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2009-346
Moved by Councillor C Evanitski
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 10:06 p.m."
CARRIED UNANIMOUSLY
Page 13 of 14
Council Minutes June 18, 2009
MAY 1 ' CLE'
Page 14 of 14