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HomeMy WebLinkAboutAugust 13, 2009 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road,Straffordville Thursday,August 13,2009 7:00 p.m. 7:30 p.m.-Public Meeting-Planning(Zonning) The regular meeting of the Council of the Municipality of Bayham was held on Thursday,August 13,2009 in the Council Chambers. Present were Mayor Lynn Acre,Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw,Administrator Kyle Kruger and Clerk Lynda Millard. Deputy Mayor Cliff Evanitski was absent. Public Works Manager Gerry LeMay 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 July 16,2009. It was noted that item 6(d)was carried,however,not"unanimously". 2009-393 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT minutes of the regular meeting of Council held July 16,2009 be approved as corrected." CARRIED UNANIMOUSLY (b) Added Item(s) 2009-394 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT in accordance with Section 21 of Procedural By-law 2002-93,Staff Page 1 of 19 Council Minutes August 13, 2009 Memorandum regarding Harbour Dredging 2009 be added to the agenda as item 6(b)." CARRIED UNANIMOUSLY 4. DELEGATIONS (a) 7:15 p.m.- Wanda Hoshal regarding Estherville Cemetery Mrs. Hoshal raised questions regarding the status of charges regarding zoning and the Csinos property,why the Csinos' are allowed to continue operations when there had been a statement that they would be shut down, and updated Council on the activities of the vigil at Estherville. Staff and Council members responded,providing information regarding zoning enforcement and the process required and undertaken. Questions were raised by Council members regarding land registry information and realignment of County Road 19. Further to markers located on Glen Erie Line,Mrs.Hoshal suggested they need to be recovered,and that replacement with a different monument would not be acceptable. Council members questioned if a list of interments was located,or if information is based on ones identified in the existing cairn. Mrs. Hoshal confirmed the information is from the cairn. Mrs. Hoshal requested permission to place a sign for Estherville Cemetery within the fenced area. Members of Council expressed no concerns,provided the group was confident the sign would be separated from any burials. 5. INFORMATION ITEMS (a) Verbal update regarding Estherville Cemetery. Administrator Kruger advised that Mayor Acre had received a copy of correspondence to Steve Peters from the Minister of Consumer Services,advising that the Registrar is satisfied with the inspection done, and cannot require the property owner to carry out further archeological investigation unless human remains are found. (b) Copy of resolution passed by Township of Woolwich June 30,2009 regarding "Development Charges". File: C10 (c) Copy of resolution passed July 20, 2009 by Township of Huron-Kinloss regarding "Giant Hogweed". File: C10 Page 2 of 19 Council Minutes August 13,2009 (d) Copy of resolutions passed June 10,2009 by City of Greater Sudbury regarding "Employment Insurance Reform" and"Proposed Workplace Fatalities Family Bill of Rights". File: C10 (e) Correspondence dated July 15, 17,28 and August 7,2009 from Association of Municipalities of Ontario regarding"Call for Applications for the Ontario Transportation Demand Management Municipal Grant Program", "Government Releases Draft Built Environment Standard Under the AODA for Public Review", "$7 Million for Drinking Water Stewardship Available", "AMO Encourages Municipalities to Join the Count Me In! Community Challenge"and"Creating Jobs: Delivering Results-2nd Edition". File: A01 (f) South West Local Health Integration Network Board of Directors highlights of meetings held June and July 2009. File: S08 (g) Correspondence dated July 6,2009 from Friends of the Greenbelt Foundation with results of public opinion poll and article regarding"range of possibilities found in Ontario's Greenbelt". File: A01 (h) Correspondence dated July 6,2009 from Tillsonburg&District Multi-Service Centre regarding"grant for Adult Basic Literacy program". File: A01 (i) Correspondence dated June 9,2009 from Long Point Region Conservation Authority regarding"2008 audited financial statements". File: A16 (j) Correspondence dated July 14,2009 from Haldimand County Disaster Relief Committee regarding"Donation Request- Grand River Flood 2009". File: A16 (k) Correspondence dated June 30,2009 from Stewardship Ontario regarding "Industry funding for the Municipal Blue Box Recycling for 2009 Program Year". File: E07 (1) Highlights from St. Thomas and Elgin County Community Profile: 2006 Demographic Report provided by Elgin St.Thomas Public Health. File: A01 (m) Announcement from The Forest Communities Program and partners regarding "Canadian Forest Communities Conference 2009: Trends and Opportunities". File: A04 Page 3 of 19 Council Minutes August 13,2009 (n) Invitation to preview the first Canadian showcase of"The Futures Game"being held September 10,2009. File: A04 (o) Correspondence dated August 4,2009 from Sport Alliance of Ontario regarding "Ontario Games Program". File: A0l (p) Copy of correspondence sent by Dalton McGuinty to Allan Lafontaine regarding "proposed single sales tax". File:A16 (q) News Release dated August 5,2009 from Elgin County OPP regarding various incidents. File: P17 2009-395 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT information items 5(a)through 5(q)be received for information; AND THAT item 5(c) regarding Giant Hogweed resolution be supported; AND THAT Council support the Haldimand County regarding flood disaster(5j)in the amount of$100." CARRIED UNANIMOUSLY 2009-396 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT the volunteer group at the Estherville Cemetery be permitted to install the homemade sign inside the fence of the cemetery." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION&TOURISM (a) Staff Report D2009-35 regarding Guenther Rezone to Remove Holding Provision. File: D14.GUEN 2009-397 Moved by Councillor W Casier Page 4 of 19 Council Minutes August 13, 2009 Seconded by Councillor E Ketchabaw "THAT Staff Report D2009-35 regarding the Guenther rezoning be received; AND THAT the zoning on lands owned by Gerhard and Susie Guenther, located in Part Lot 7 Concession 8 be changed from Hamlet Residential- Holding [HR(h)1 to Hamlet Residential(HR)in Bayham Zoning By-law Z456-2003, as amended; AND THAT Zoning By-law Z573-2009 be presented to Council for enactment." CARRIED UNANIMOUSLY (b) Staff Memorandum regarding Harbour Dredging 2009. File:El0 2009-398 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Memorandum dated August 13,2009 regarding Harbour Dredging 2009 be received; AND THAT Council approves dredging works in the Port Burwell harbour by Mike Scruton Marine as recommended in the Staff Memorandum." CARRIED UNANIMOUSLY 1. PUBLIC MEETING 2009-399 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Council meeting be adjourned to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY 1. Public Meeting (a) 7:30p.m. - (delayed until 7:50pm due to delegation) Rezoning Application: Page 5of19 Council Minutes August 13,2009 to change the zoning on a 17.5 hectare(43 acre)parcel of land from the Agriculture(Al)Zone to Agricultural- Temporary 2(A1-T2)Zone submitted by Gerhard and Maria Dyck. 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation (a) Staff Report D2009-34 regarding Dyck Rezoning- Supplementary Farm Dwelling. File: D14.DYCK Report was presented by the Administrator.He noted that changes to the process for temporary housing are being considered under the Official Plan review,however,this application is being considered under the current process. 4. Public Comments (a) Susan McEachren,abutting property owner,noted that a survey marker is missing and raised encroachment and trespass concerns. Staff responded that the Municipality deals with the structure through a permit system and that trespass is a civil matter. Ms.McEachren reported that the trailer has been there since spring,and suggested that only since she complained has a rezoning application been made. Staff noted that for a building permit to be issued,the CBO must be satisfied that the lot lines are established,and that the structure is being placed with proper setbacks on the applicant's property. The CBO may request a survey if he deems it necessary. It was noted municipal staff have investigated and are satisfied the mobile home is currently placed within property owned by the Dyck's. 5. Council Comments and Questions (a) Councillor Taylor noted that he opposes approval until a survey has justified the location or the markers are found. Councillor Ketchabaw questioned whether a condition could be placed on the rezoning. Page 6 of 19 Council Minutes August 13, 2009 The Administrator advised that it could not,but the concerns could be addressed at the building permit stage. Councillor Ketchabaw asked whether the trailer could be removed if it does not meet the requirements. Council discussed requiring Council approval for the issuance of this building permit. The Administrator responded that Council cannot direct the CBO in the issuance of permits,however,he can report back to Council on activities. 6. Adjournment 2009-400 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Public Meeting be adjourned at 8:15 p.m." CARRIED UNANIMOUSLY 7. Disposition of Item (a) Disposition of Item • 2009-401 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2009-34 regarding the Dyck rezoning be received; AND THAT the zoning on lands owned by Gerhard and Maria Dyck,located in Part Lot 109 Concession 7 NTR be changed from Agriculture (Al)to Agriculture—Temporary 2 (Al-T2)in Bayham Zoning By-law Z456-2003,as amended,to permit a supplementary farm dwelling for a period not exceeding three(3)years,ending August 13,2012; AND THAT Zoning By-law Z572-2009 be presented to Council for enactment." CARRIED 7. ROADS,AGRICULTURE&DRAINAGE Page 7of19 Council Minutes August 13,2009 (a) Corespondence and Notice of Drainage Works dated July 7,2009 from Norfolk County regarding"Winter Drain". File: E09 2009-402 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Notice of Drainage Works from Norfolk County regarding "Winter Drain" be received; AND THAT Cliff Evanitski be appointed to the joint Court of Revision tentatively scheduled for Wednesday,September 16,2009 at 9:30 a.m." CARRIED UNANIMOUSLY (b) Staff Report PW2009-16 regarding Multi Use Tractor. File: F18 2009-403 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report PW2009-16 regarding Multi Use Tractor be received; AND THAT Council authorize the acquisition of the Multi Use Tractor from Joe Johnson Equipment Inc.,of Ontario in accordance with the tender submitted June 19,2009 and clarified August 4,2009 at an amended price of$88,350 plus taxes." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (a) Building permit report for month ending July 31,2009. File: P10 2009-404 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Building Permit Report for month ending July 31,2009 be received for information." CARRIED UNANIMOUSLY Page 8 of 19 Council Minutes August 13,2009 (b) Staff Memorandum regarding parking Issues- MNR Parking Lot and Addison Street. File: P01 2009-405 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Memorandum regading Parking Issues-MNR Parking Lot and Addison Street be received." CARRIED UNANIMOUSLY (c) Staff Report P2009-022 regarding Appointment of By-law Enforcement Officers. (deferred from July 16,2009) File: P01 2009-406 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report P2009-022 regarding Appointment of by-Law Enforcement Officers be received; AND THAT By-Law 2007-059 as amended be repealed." CARRIED UNANIMOUSLY (d) Request from Councillor Taylor regarding"Demonstration of Boat based rescue service". Council members discussed issues regarding liability and open meeting requirements for a demonstration,and deferring until the Master Fire Plan is drafted. Councillor Taylor noted the possibility of arranging for taping of the demonstration for presentation at a Council meeting. It was suggested the supplier would be asked to discuss with staff. 2009-407 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT the Request for Demonstration of Boat based rescue service be Page 9 of 19 Council Minutes August 13,2009 received." CARRIED UNANIMOUSLY (e) Email correspondence dated July 17,2009 from Valerie Donnell regarding"Beach washrooms." File: C13 2009-408 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT correspondence dated July 17,2009 from Valerie Donnell regarding "Beach Washrooms" be received." CARRIED UNANIMOUSLY (1) Elgin Group Police Services Board minutes of meeting held June 17,2009. File: C06 2009-409 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Elgin Group Police Services Board minutes of meeting held June 17,2009 be received; AND THAT Council approves the 2009 Police Services Board Budget,the Business Plan and the 2008 Year End Report." CARRIED UNANIMOUSLY (g) Staff Report PW2009-12 regarding Straffordville Library Roof Repairs. File:A20 G LeMay advised that the Library roof is now leaking and that there is a 50 year warranty on the steel roof. 2009-410 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report PW2009-12 regarding Straffordville Library Roof Repairs be received; Page 10 of 19 Council Minutes August 13, 2009 AND THAT Staff be authorized to proceed with Straffordville Library roof repairs as quoted by Mark Fehr Construction for replacement with steel roofing." CARRIED UNANIMOUSLY (h) Staff Report C2009-015 regarding Edison Building Committee Requests. File:A01 2009-411 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT Staff Report C2009-015 regarding Edison Building Committee Requests be received; AND THAT Council approves the request from the Edison Museum Building Committee to circulate an RFP to contract with a professional fundraiser to undertake fundraising initiatives for the new facility building project; AND THAT Council approves the request for the Building Committee to utilize the Municipal vendors' list to assist in fundraising efforts for the new Edison Museum facility." CARRIED UNANIMOUSLY 2009-412 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Council approves the request from the Edison Museum Building Committee to accept the quote from Breathe Architects,in the amount of $5,000,excluding engineering,to develop preliminary design and outline speculations using the functions,spaces and sizes as depicted on the concept plan contained in the Edison Museum of Vienna new facility Feasibility Study completed in April 2008 by Vilnis Design; THAT the preliminary design drawings have a'A" scale for later development of detailed design and preliminary contract drawings,being Page 11 of 19 Council Minutes August 13,2009 more specifically as follows: ❑ North/South Section(short one) showing the floor to floor-ceiling-window heights, ❑ Four Elevations, ❑ One Exterior Perspective same view as before but showing more detail, ❑ Two Interior Perspectives, ❑ Outline Specifications; AND THAT the 2008 unexpended amount of$2,462 remaining from the Culture Plan grant be applied to the cost,with the balance to be drawn from the Edison Museum Building Reserve Fund." CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION&PERSONNEL (a) Cheque Register being Cheque#6837 to Cheque#6953 inclusive, except Cheques #6923 and#6874 totaling$406,353.82 and Payroll Disbursements for the period ending July 12 and July 26,2009 totaling$62,323.30 and$61,999.27. 2009-413 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Cheque Register being Cheque#6837 to Cheque#6953 inclusive, except Cheques#6923 and#6874 totaling$406,353.82 and Payroll Disbursements for the period ending July 12 and July 26,2009 totaling $62,323.30 and$61,999.27 respectively be approved." CARRIED UNANIMOUSLY (b) Staff Report F2009-36 regarding Infrastructure Stimulus Fund-Not For Profit Projects(Eden Community Group). File: F1l 2009-414 Moved by Councillor W Casier Page 12 of 19 Council Minutes August 13,2009 Seconded by Councillor M Taylor "THAT Staff Report F2009-36 regarding Infrastructure Stimulus Fund- Not-For Profit Projects be received; AND THAT Council acknowledge and support application by the Eden and Area Community Centre for repairs to the Eden Community Centre building as has been outlined in previous staff reports under the Infrastructure Stimulus Fund-Not- For-Profit Intake. CARRIED UNANIMOUSLY (c) Request for use of Municipal sign regarding "Calton Hall Pork BBQ". File: C13 2009-415 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT the request for use of the Municipal sign regarding Calton Hall Pork BBQ be received; AND THAT Council grants permission to use the sign as requested, subject to Municipal needs." CARRIED UNANIMOUSLY (d) Staff Memorandum regarding Report C2009-14- Cemetery Markers Glen Erie Line. File: S09 2009-416 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Memorandum regarding Report C2009-14- Cemetery Markers Glen Erie Line be received; AND THAT staff be authorized to make arrangements with the County of Elgin for removal in concert with County works in Spring 2010" CARRIED UNANIMOUSLY Page 13 of 19 Council Minutes August 13,2009 (e) Staff Report C2009-016 regarding Marriage Officiant. File: C13 2009-417 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Staff Report C2009-016 regarding Marriage Officiant be received; AND THAT Staff be directed to meet with Marion Rogers to discuss proposed details for the conduct of civil marriage solemnization." CARRIED UNANIMOUSLY (f) Staff Memorandum regarding Volunteer Recognition Night 2009. File: M02 2009-418 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Memorandum C2009-07 regarding Volunteer Recognition Night 2009 be received; AND THAT Council confirm the 2009 Volunteer Recognition Night be held November 26,2009 at 7:00 p.m.at the Vienna Community Centre." CARRIED UNANIMOUSLY (g) Request from S.A.N.Y.A. (Spay And Neuter Your Animals)to use Municipal sign. File: C13 2009-419 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT the correspondence from Marion Paterson requesting use of the Municipal sign be received; AND THAT Council grants permission to use the sign as requested, subject to Municipal needs." CARRIED UNANIMOUSLY Page 14 of 19 Council Minutes August 13,2009 (h) Request from Museum Board for Council to consider enhancing the existing tourism signs to darken the word"discover"so that it more visible. (Deferred from July 16,2009) 2009-420 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT Council approve the request to enhance the existing tourism signage to darken the work "Discover" as submitted by the Museums Bayham Board." CARRIED UNANIMOUSLY 2009-421 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 August 13, 2009." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Bayham Water Distribution System Quarterly Report for the period ending June 30,2009 and Call Outs. File: E08 2009-422 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT the Bayham Water Distribution System Quarterly Report for the period ending June 30,2009 and Call Outs be received for information. CARRIED UNANIMOUSLY (b) Bayham Small Municipal Non-Residential Wells Quarterly Report for the period ending June 30,2009. File: E08 2009-423 Page 15 of 19 Council Minutes August 13,2009 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the Bayham Small Municipal Non-Residential Wells Quarterly Report for the period ending June 30,2009 be received for information." CARRIED UNANIMOUSLY (c) Port Burwell Wastewater Treatment Plant Quarterly Report ending June 30,2009 and Call Outs. File: E05 2009-424 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the Port Burwell Wastwater Treatment Plant Quarterly Report ending June 30,2009 and Call Outs be received for information." CARRIED UNANIMOUSLY (d) Staff Report H2009-08 regarding Temporary Operator- Water Infrastructure Renewal Project. File: E08 2009-425 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report H2009-08 regarding Temporary Operator-Water Infrastructure Renewal Project be received; THAT the Letter of Understanding with CUPE Local 35.4 as attached to Report H2009-08 be approved; AND THAT Staff be authorized to proceed with retaining a Temporary Water/Wastewater Operator for the duration of the Water Infrastructure Renewal Project." CARRIED UNANIMOUSLY (e) Correspondence dated July 15,2009 from Stantec Consulting Ltd.regarding "Schedule B Class EA- Shore Protection at the Elgin Area Water Treatment Plant, Page 16 of 19 Council Minutes August 13,2009 Port Stanley". File: E08 2009-426 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Correspondence dated July 15,2009 from Stantec Consulting Ltd. regarding Schedule B Class EA-Shore Protection at the Elgin Area Water Treatment Plant,Port Stanley be received for information." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2009-427 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 11:00 p.m.to discuss: • personal matters about an identifiable individual,including municipal or local board employees; • a proposed or pending acquisition or disposition of land by the municipality or local board." CARRIED UNANIMOUSLY (b) Closed session minutes of the regular meeting of council held July 16,2009. (c) Confidential Memorandum regarding potential acquisition or disposition of land. (d) Confidential Memorandum and Draft By-Law regarding personal matter. (e) Out of Camera. 2009-428 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT the Committee of the Whole do now rise from the "In Camera" Page 17 of 19 Council Minutes August 13,2009 session at 11:20 p.m." CARRIED UNANIMOUSLY 2009-429 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT By-Law 2009-100,being a By-Law to authorize the execution of an agreement between the Municipality of Bayham and Ramona Peidl for management back-up services for the Vienna and Bayham Community Centres be added to the agenda and presented to Council for enactment." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law Z572-2009 A By-Law to further amend By-Law Z456-2003 (Dyck) (b) By-Law Z573-2009 A By-Law to further amend By-Law Z456-2003 (Guenther) (c) By-Law 2009-089 A By-Law to further amend By-Law 2007-059(By-Law Enforcement Officers) No Action (d) By-Law 2009-095 A By-Law to authorize the borrowing of money by way of temporary advances to meet expenditures(Water Infrastructure Renewal Project) (e) By-Law 2009-097 A By-Law to authorize the execution of an agreement (Omega Contractors) (1) By-Law 2009-100 A By-Law to authorize the execution of an agreement for back up management services(Peidl) 2009-430 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-Laws Z572-2009,Z573-2009,2009-095,2009-097 and 2009-100 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY (g) By-Law 2009-098 A By-law to confirm all actions of Council 2009-431 Page 18 of 19 Council Minutes August 13,2009 Moved by Councillor W Casier Seconded by Councillor M Taylor "That confirming By-law 2009-098 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2009-432 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT the Council Meeting be adjourned at 11:21 p.m.." CARRIED UNANIMOUSLY n n YO CLERK Page 19 of 19