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Home My WebLink AboutSeptember 03, 2009 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road,Straffordville September 3, 2009 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, September 3,2009 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. Planning Coordinator/Deputy Clerk Margaret Underhill,Fire Chief/By-Law Enforcement Officer Paul Groeneveld and Chief Building Official/Drainage Superintendent Bill Knifton 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 August 13,2009. 2009-434 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the minutes of the regular meeting held August 13,2009 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s) There were no items added to the agenda. 4. DELEGATIONS (a) 7:05 p.m. -Wanda Hoshal regarding Estherville Cemetery Mrs.Hoshal noted that: • in two weeks the group will have been keeping its vigil at the Esthervillle Cemetery for a full year. • she understood that Mr. T.Csinos had appeared in court for a second time on August 28th, • the cucumber grading station had continued in operation for 28 days. She Page 1 of 11 Council Minutes September 3,2009 suggested that should the maximum fine of$700,000 not be imposed,next year he will carry on. • she had not received a written report from staff on the status as requested at the last meeting. • two years previous Mr.Csinos had demanded Council enforce the municipal property standards by-law. • the group was not"out to get"Mr. Csinos. • the cemetery site is larger than the fenced area which markers demonstrate only 3 burials within 17 years. • the Boundaries Act can be utilized to determine the property lines through an for a$410 application fee. Mrs. Hoshal commented that the group had cut back shrubs,cleaned up the site and painted the fence. She suggested survey stakes had been uncovered indicating a loss of 60' of cemetery property along the road allowance. She encouraged Council to appoint members of the group to an Estherville Cemetery committee, in order for them to be covered by the municipal insurance and to permit the group on site to watch for more markers when the contractor is conducting the stabilization project for the County of Elgin next year. Mrs.Hoshal was advised there was no new information and a written report had not been requested by Council. Mrs.Hoshal introduced Mr.Basil Nevill who spoke about his experiences upon being hired about 50 years previous by the Township of Bayham to remove trees and spray weeds and brush along the road allowances and cemetery fence lines.He remembered gravesites as being outside the currently fenced Estherville area. He noted his disappointment in the lack of care afforded cemeteries at that time. (b) 7:43 p.m.-Jan Collins and John Pedersen regarding property issues. (delayed due to previous delegation) Mr.Pederson asked why he was now receiving a tax bill for previously unassessed property he had purchased. It was suggested that although the property was divided by the road,it had been previously assessed with the property across from it. When it was surveyed,legally separated and purchased,it became a parcel on its own and hence a separate assessment and tax notice. It was suggested that discussion with MPAC regarding the assessment amount or an appeal be undertaken by the owners to have the value reduced for the 2010 tax year. Page 2 of 11 Council Minutes September 3,2009 Additional comments from the floor were received. 5. INFORMATION ITEMS (a) Verbal update regarding Estherville Cemetery. (b) Copy of resolution passed August 4,2009 from Township of Madawaska Valley regarding Home Care Service and additional Personal Support Workers. File: C10 (c) Notice of workshop for community leaders in Ontario interested in learning about starting and strengthening community gardens in their municipalities being held October 6,2009 in London. File: A04 (d) Correspondence dated August 12 and 14,2009 from Association of Municipalities of Ontario regarding"AMO Welcomes Court Decision on Bank Tower Assessment"and"Waste Electronics and Electrical Equipment(WEEE)". File:A16 (e) Correspondence dated August 13,2009 from Joy Russell regarding"Hospital Closure in Fort Erie". File: C13 (f) Long Point Region Conservation Authority minutes of Board of Directors Meeting held July 8,2009. File: A16 (g) Lake Erie Source Protection Region Water Services Technical Group minutes of meeting held July 23,2009. File: E00 2009-435 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT information items 5(a)through 5(g) be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION&TOURISM (a) Staff Report D2009-36 regarding Teichroeb Consent Applications E50/09 E51/09. File: D10.09 TEICHROEB Page 3 of 11 Council Minutes September 3, 2009 2009-436 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2009-36 regarding Consent Applications E50/09 and E51/09 Teichroeb be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance applications E50/09 and E51/09, submitted by Sara and Cornelius Teichroeb, be approved subject to conditions: 1. $500 cash-in-lieu of parkland dedication fee for each created lot 2. water quantity testing report for each lot meeting the Provincial standards 3. water quality testing report for nitrates and bacteria content for each lot meeting the Provincial standards 4. municipal lot assessment on each created lot 5. lot grading plan 6. copy of the final survey 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 Councillor Ketchabaw Motion Carried on a recorded vote of 3 to 1 in favour 7. ROADS,AGRICULTURE&DRAINAGE (a) Staff Report PW2009-16 regarding Half Ton Tender. File: F18 2009-437 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report PW2009-16 regarding Half Ton Tender be received; AND THAT staff be authorized to acquire the 2007 Dodge pickup from Cain Auto Sales and Service as quoted on August 19,2009". CARRIED UNANIMOUSLY Page 4 of 11 Council Minutes September 3,2009 (b) Correspondence and Notice of Drainage Works dated July 7,2009 from Norfolk County regarding"Winter Drain". (Deputy Mayor appointed at last meeting, however due to conflict alternate to be appointed) File: E09 2009-438 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 Mathew Schafer be appointed to the joint Court of Revision tentatively scheduled for Wednesday,September 16,2009 at 9:30 a.m." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (a) Request from Councillor Taylor to discuss the boundaries of Estherville Cemetery. Staff were requested to seek details under the Boundaries Act. (b) Draft By-law 2009-101 regarding MNR Staff as By-law Enforcement Officers. 2009-439 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-Law 2009-101 be presented to Council for enactment." CARRIED UNANIMOUSLY (c) Staff Report P2009-029 regarding Fire Master Plan RFP. File: P16 2009-440 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report P2009-029 regarding Fire Master Plan RFP be received; AND THAT By-Law 2009-102, authorizing the Mayor and Clerk to enter Page 5 of 11 Council Minutes September 3,2009 into an agreement with Peter Corfield and Associates to develop a Fire Master Plan,at a cost of$10,845, as per proposal dated July 24,2009, subject to provision of a certificate of insurance and clearance certificate from WSIB,be presented to Council for enactment." CARRIED UNANIMOUSLY (d) Staff Report H2009-009 regarding Municipal Health and Safety Policy. File: A09 2009-441 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report 112009-009 regarding Municipal Health and Safety Policy be received; AND THAT the Council of the Municipality of Bayham approves the Health and Safety Policy Statement as presented." CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION&PERSONNEL (a) Cheque Register being Cheques#6954 to Cheque#7065 inclusive,except Cheque #6961 totaling$554,103.69. Payroll Disbursements not available at this time. 2009-442 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Cheque Register being Cheques#6954 to Cheque#7065 inclusive, except Cheque#6961 totaling$554,103.69 be approved." CARRIED UNANIMOUSLY (b) Staff Report F2009-37 regarding Sewer Project Loan. File: L04 2009-443 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report F2009-37 regarding Sewer Project Loan be received; Page 6 of 11 Council Minutes September 3,2009 AND THAT By-Law 2009-103 being a By-Law to authorize the execution of an agreement between the Municipality of Bayham and Canadian Imperial Bank of Commerce be presented to Council for enactment." CARRIED UNANIMOUSLY (c) Staff Report C2009-018 regarding Infrastructure Needs Studies. File: D02 2009-444 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report C2009-018 regarding Infrastructure Needs Studies be received; AND THAT the implementation plan for municipal infrastructure needs studies be adopted as follows: Service Area Dates Provider Estimated Budget Buildings 2010 Engineer $ 17,000 Rolling Stock 2010 In-house $ - Roads 2011 Engineer $ 25,000 Bridges and Culverts 2011 In-house S - Storm Sewers 2012 Engineer $ 20,000 Sidewalks 2012 In-house $ - Sanitary Sewers 2012 In-house $ - Water 2013 In-house $ - Street Lights 2013 In-house $ - IT/Parks Equipment on-going In-house $ CARRIED UNANIMOUSLY (d) Staff Report PR2009-16 regarding East Pier Repairs and Budget. File: L14 2009-445 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report PR2009-16 regarding East Pier Repairs and Budget be received; Page 7 of 11 Council Minutes September 3, 2009 AND THAT staff be authorized to retain CJDL Consulting Engineers to evaluate the east pier and to make recommendations for maintenance/ repairs at an estimated cost of$20,000,subject to provision of a certificate of insurance and a clearance certificate from WSIB." CARRIED UNANIMOUSLY (e) Staff Report C2009-17 regarding Siltation Study- Port Burwell Harbour. File: D06 2009-446 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report C2009-17 regarding Siltation Study-Port Burwell Harbour be received; AND THAT Shoreplan Engineering be retained to conduct a Siltation Study for the Port Burwell harbour area, as outlined in their proposal dated May 5, 2009, subject to cost sharing on a 50/50 basis with Small Craft Harbours at the quoted cost of$24,500 subject to provision of a certificate of insurance and a clearance certificate from WSIB." CARRIED UNANIMOUSLY (t) Staff Report C2009-019 regarding Bayham Community Centre Rental. File: C13 /A01 2009-447 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report C2009-019 regarding Bayham Community Centre Rental be received; AND THAT By-Laws 2009-104,being a by-law to further amend rates and fees By-Law 2005-102 and 2009-105,being a by-law to amend the Janitorial Agreement with Ramona Peidl respectively, be presented to Council for enactment." CARRIED UNANIMOUSLY (g) Staff Report regarding Museum and Technology Fund. Page 8 of 11 Council Minutes September 3, 2009 File: Fl l 2009-448 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report C2009-020 regarding Museums &Technology Fund be received; AND THAT Council directs staff to take the necessary steps to prepare and submit an application to the Ministry of Culture under the Museums& Technology Fund,including arrangements necessary for partnering with the appropriate organizations, up to a maximum total cost of$100,000." CARRIED UNANIMOUSLY 10. ENVIRONMENT 11. COMMITTEE OF THE WHOLE (a) In Camera. 2009-449 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 9:16 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 regular meeting of Council held August 13,2009. (c) Confidential Memorandum regarding potential litagation. (d) Out of Camera. 2009-450 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Committee of the Whole do now rise from the "In Camera" session at 9:35 p.m." Page 9 of 11 Council Minutes September 3,2009 CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law 2009-101 A By-Law to Repeal amended By-Law 2007-059(MNR Staff) (b) By-Law 2009-102 A By-Law to authorize the execution of an agreement (Corfield) (c) By-Law 2009-103 A By-Law to authorize the execution of an agreement (CIBC) (d) By-Law 2009-104 A By-Law to further amend By-Law 2005-102 (Rates and Fees) (e) By-Law 2009-105 A By-Law to amend By-Law 2009-025 (Peidl Agreement) 2009-451 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-Laws 2009-101,2009-102, 2009-103,2009-104 and 2009-105 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY (f) By-Law 2009-106 A By-Law to confirm all actions of Council 2009-452 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT confirming By-Law 2009-106 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2009-453 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw Page 10 of 11 Council Minutes September 3,2009 "THAT the Council meeting be adjourned at 9:36 p.m." CARRIED UNANIMOUSLY J .� � , ® .� ,AY " CLERK Page 11 of 11