HomeMy WebLinkAboutSeptember 17, 2009 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
September 17,2009
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
September 17,2009 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 Deputy Clerk Margaret Underhill.
Public Works Manager Gerry LeMay and Fire Chief/By-Law Enforcement Officer Paul
Groeneveld 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 September 3,2009.
2009-454
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held September 3,2009 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.Doug Lester representing Chamber of Commerce regarding Bayham-
Elgin Business Expo update and invitation and request for use of Municipal sign to
advertise.
Page 1 of 17
Council Minutes September 17,2009
Doug Lester was present and advised Council that the Economic Liason
Committee is working on organizing a Business Expo to be held October 24,2009
from 1:00- 5:00 p.m.at the Straffordville Community Centre with 26
vendors/exhibitors expected to attend to date. He advised that most attendees are
from Bayham but some are from our borders and it would be appreciated if the
municipal sign could be used to advertise.
2009-455
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council grants permission for the Chamber of Commerce to use
the Municipal sign as requested subject to Municipal needs."
CARRIED UNANIMOUSLY
(b) 7:15 p.m.Doug Lester regarding Harbour Committee Update,Request for Council
to budget for ongoing harbour maintenance and to establish a formal Municipal
Harbour Committee.
Doug Lester was present also to speak on behalf of the community Harbour
Committee. He updated Council on the prop washing that took place September 1
-4,2009. He thanked Council and staff for the initiative for the works to be
done.
He requested that Council consider ongoing harbour maintenance funds in the 2010
budget. He stated that the group had raised$19,000 and that Council had
committed$20,000 to the cause in 2009. Council members commended the
committee and staff on their efforts in getting the prop washing done and at a low
cost.
Mr.Lester noted the request to establish a Municipal Harbour Committee would
include consideration for representation from Council,the Chamber of Commerce,
the community and municipal staff who would address not only emergency
concerns,but harbour and pier esthetics.
2009-456
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
Page 2 of 17
Council Minutes September 17,2009
"THAT the request for harbour maintenance be referred to 2010 Budget
discussions."
"THAT staff be directed to draft Terms of Reference for a Harbour
Committee for Council consideration."
CARRIED UNANIMOUSLY
(c) 7:19 p.m.Matthew Redsell regarding Windmills and Zoning. (Item 8d)
Matthew Redsell was present to provide information regarding windmills and
sustainable lifestyle. He encouraged council to look to the future&renewable
energy needs
(d) 7:35 p.m.Wanda Hoshall regarding Estherville Cemetery
Wanda Hoshal requested to know the status of the Csinos charges to which
Administrator Kruger stated that it is working its way through the court system.
In response to Ms.Hoshal's inquiry to the Boundaries Act,Administrator Kruger
responded that he is still waiting for more information.
Council discussed investigating the dowsing of Glen Erie Line road allowance west
of Plank Road as Ms.Hoshal's presentation suggests that a portion of the cemetery
may be within the road allowance. After some discussion it was suggested that
staff contact the Cemeteries Branch and inform them of the interest in excavating
the road allowance and request their comments.
5. INFORMATION ITEMS
(a) Copy of resolution passed July 27,2009 by the Town of Amherstburg regarding
MPAC Evaluation of Solar energy Development".
File: C10
(b) Copy of resolution passed July 13,2009 by the Town of New Tecumseth
regarding"Harmonization of Taxes".
File: C10
(c) Correspondence dated August 12,31, September 3 and 10 from Association of
Municipalities of Ontario regarding "AMO Welcomes Court Decision on Bank
Tower Assessment", "Survey on Active Transportation Policy in Ontario", "Funding
for Broadband in Rural and Northern Ontario Available" and"Continuous
Page 3 of 17
Council Minutes September 17,2009
Improvement Fund".
File: A01
(d) Correspondence dated September 2,2009 from Local Authority Services Ltd.
regarding"New Solar Photovoltaic(PV)Program Now Available to all Ontario
Municipalities".
File:A01
(e) LAS/MFOA Event Reminder regarding"Municipal Investment Basics Seminars".
File: F12
(I) Ontario Good Roads Association Heads Up Alert regarding"Public Review
Period: Accessible Built Environment Standard".
File: A01
(g) Correspondence dated September 1,2009 from the Canadian Union of Public
Employees Ontario and the Ontario Coalition for Better Child Care regarding
"Child Care Worker&Early Childhood Educator Appreciation Day".
File: A01
(h) Correspondence received September 4,2009 from Ministry of Agriculture,Food
and Rural Affairs regarding"Premier's Award for Agri-Food Innovation
Excellence".
File: A16/M02
(i) Correspondence dated August 24,2009 from Ministry of the Environment
regarding"setback distances for wind turbines".
File: A16
(j) Correspondence dated August 24,2009 from Ministry of Environment regarding
"the Great Lakes- St. Lawrence River Basin Sustainable Water Resources
Agreement".
File: A16
(k) Correspondence dated August 28,2009 from Ministry of Labour regarding
"extending presumptive coverage for volunteer and part-time firefighters".
File: A16
(1) Museums Bayham draft minutes of meeting held August 12,2009.
File: C06
(m) Bayham Historical Society draft minutes of meeting held June 11,2009.
File: C06
(n) Notice of Information session being held October 14,2009 at the St. Thomas
Seniors Centre regarding"a collaborative approach to reducing poverty".
File: A04
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Council Minutes September 17,2009
(o) News Release dated August 15,2009 regarding "Rodney Stafford's 3400 km Ride
For Tori".
File: C13
(p) Correspondence received August 27,2009 regarding"Restorative Justice Week
2009".
File: C13
(q) OPP News Releases dated Aug. 26, Sept. 9& 11,2009 regarding various
incidents.
File: P17
(r) Correspondence dated August 19, 2009 from AIM PowerGen regarding "Wind
Turbines".
File: D03
(s) Correspondence dated August 26,2009 from Hydro One regarding"Great
Refrigerator Roundup Program".
File: E06
(t) Elgin St. Thomas Public Health Unit newsletter dated Summer 2009 regarding
"Lifestyle Link".
File: M07
(u) Public Sector Group of Funds(the One Funds)Quarterly Update for 2nd Quarter
2009.
File: F12
(v) Correspondence dated September 10,2009 from Charles Beer regarding"Update
- Review of the Accessibility of Ontarians with Disabilities Act".
File: L11
(w) Elgin County Matters newsletter dated September 2009.
File: A16
(x) Lake Erie Region Source Protection Committee minutes of meeting held August 6,
2009.
File: E00
(y) Copy of correspondence dated August 18,2009 from Land Use Council to the
Honorable Donna Cansfield regarding"proposed species habitat regulation".
File: A16
(z) Correspondence dated August 27,2009 from Community Schools Alliance
regarding "Community Schools Alliance Resolution".
File: A01
(aa) Correspondence dated September 8, 2009 from Lupus Foundation of Ontario
Page 5of17
Council Minutes September 17,2009
regarding"October is Lupus Awareness Month".
File: A01
(ab) Royal Canadian Legion invitation to Mayor and Members of Council regarding
"Legion Week".
File: C13
2009-457
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT information itesm 5(a)through 5(ab) be received for information."
CARRIED UNANIMOUSLY
2009-458
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT correspondence dated August 27, 2009 from Community Schools
Alliance be received;
WHEREAS communities across Ontario are concerned with the
Accommodation Review Committee process and the impact this flawed
process has on the socioeconomic fabric of our municipalities;
AND WHEREAS many schools are the hubs of their communities, a better
accomodation review system is needed to address the educational facility
needs of our residents;
AND WHEREAS a system to address the educational facility needs in
Ontario must ensure that school boards and municipal councils partner on
decisions regarding education infrastructure;
AND WHEREAS greater accountability for school board decisions is
needed;
AND WHEREAS a thorough review of the governance model for
school accomodation decisions must include an opportunity to appeal these
decisions;
AND WHEREAS the accomodation review process should respect and
value the input of students,parents,the community and municipality;
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Council Minutes September 17,2009
THEREFORE BE IT RESOLVED that the Province of Ontario be
petitioned to implement a "smart moratorium" on disputed school closings
to provide the opportunity for the Ministry of Education,school boards and
municipalities to work together to develop policies addressing such issues
as planning for declining enrolments,a mutually agreed upon Accomodation
Review Committee process,a review of funding to rural and small
community schools, and transparency and accountability between
municipalities and school boards."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
(a) Correspondence dated September 14,2009 and Report from Norfolk County
regarding"Ontario's South Coast Tourism Region".
File:A16
2009-459
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Correspondence from Norfolk County regarding Ontario's South
Coast Tourism Region be received;
AND THAT the Municipality of Bayham support the establishment of
Ontario's South Coast as an official Tourism Region within the Province of
Ontario;
AND THAT staff be directed to write the Minister of Tourism expressing
the municipality's desire to participate fully in the Ontario's South Coast
official tourism region."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE&DRAINAGE
(a) Staff Report PW2009-17 regarding Salt Contract 2009- 2011.
File: L04
2009-460
Moved by Councillor E Ketchabaw
Page 7 of 17
Council Minutes September 17,2009
Seconded by Councillor W Casier
"THAT Staff Report PW2009-17 regarding Salt Contract 2009-2011 be
received;
AND THAT staff be authorized to accept the prices received from Sifto
Salt,being$59.55 per metric tonne delivered for 2009/2010 and$61.40 per
metric tonne delivered for 2010/2011 plus applicable taxes and continue the
contract for the next two years."
CARRIED UNANIMOUSLY
(b) Staff Memorandum regarding Glen Erie Line Stabilization Works- Scope and
Observer(s).
File: T04
2009-461
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Memorandum regarding Glen Erie Line Stabilization Works-
Scope and Observer(s)be received."
CARRIED UNANIMOUSLY
(c) Discussion regarding traffic concerns and request for Elgin County to install
reduced speed limit signage along Eden Line(County Rd 44)in the Hamlet of
North Hall between Hwy 3 and Culloden Road.
2009-462
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Elgin County be advised of traffic concerns on Eden Line(County
Road#44)in the Hamlet of North Hall, and requested to reduce speed
limits between Highway#3 and Culloden Road."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
Page 8 of 17
Council Minutes September 17,2009
(a) Building Permit Report for month ending August 31,2009.
File: P10
2009-463
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Building Permit Report for month ending August 31,2009 be
received for information."
CARRIED UNANIMOUSLY
(b) Staff Report P2009-027 regarding Open Air Burning By-law.
File:P01
2009-464
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report P2009-027 regarding Open Air Burning By-law be
received;
AND THAT staff be directed to issue burn permits for up to a two year
period,and that on all such permits,the applicant be directed to contact the
MOE for any direction regarding acceptable materials;
FURTHER that all enforcement with respect to acceptable materials be
referred to the MOE."
CARRIED UNANIMOUSLY
(c) Staff Memorandum regarding Eden Community Centre Repairs and Designated
Substances.
File:A20
2009-465
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Memorandum regarding Eden Community Centre Repairs
and Designated Substances be received for information;
Page 9 of 17
Council Minutes September 17,2009
AND THAT staff be directed to commence with the necessory repairs and
asbestos management plan as outlined in report PR 2009-11."
CARRIED UNANIMOUSLY
(d) Correspondence from Matthew Redsell regarding"Small residential windmills".
File: C13
2009-466
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Correspondence from Matthew Redsell be received for
information."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheque#7066 to Cheque#7161 inclusive,except Cheques
#7054 and#7127 totaling$266,939.85 and Payroll Disbursements for the period
ending Sept. 6,2009 totaling$44,050.87.Payroll Disbursements for the period
ending Aug.9&23,2009 not available at time of publishing.
2009-467
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Cheque Register being Cheques#7066 to Cheque#7161 inclusive,
except Cheques#7054 and#7127 totaling$266,939.85 and Payroll
Disbursements for the period ending Sept 6,2009 totaling$44,050.87 be
approved."
CARRIED UNANIMOUSLY
(b) Staff Report F2009-38 regarding Water Infrastructure Project.
File:L04
2009-468
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
Page 10 of 17
Council Minutes September 17,2009
"THAT Staff Report F2009-38 regarding Water Infrastructure Project be
received;
AND THAT By-law 2009-108,being a by-law to authorize the execution of
a loan agreement between the Municipality of Bayham and Royal Bank of
Canada,be presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) Staff Report F2009-39 regarding Financial Report to September 10,2009.
File: F03
2009-469
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report F2009-39 regarding Financial Report to September
10,2009 be received for information."
CARRIED UNANIMOUSLY
(d) Correspondence dated September 2,2009 from Rural Ontario Municipal
Association regarding"changing the term of office from four year to two year for
Board of Directors,Chair and Vice-Chairs".
File: A04
2009-470
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Correspondence dated September 2, 2009 from Rural Ontario
Municipal Association regarding "changing the term of office from four
year to two year for Board of Directors, Chair and Vice-Chairs be
received;
AND THAT the Mayor be directed to approach other rural municipalities
for support."
CARRIED UNANIMOUSLY
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Council Minutes September 17, 2009
(e) Correspondence received August 5, 2009 from Jon Krohe requesting permission
to hold a wedding ceremony at Memorial Park in Port Burwell September 25,
2010.
File: C13
2009-471
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT correspondence received August 5,2009 from Jon Krohe be
received;
AND THAT permission be granted to use the Memorial Park in Port
Burwell on Saturday,September 25,2010 between 2:00 p.m. and 4:00 p.m.
subject to:
• provision of proof of liability insurance coverage naming the
Municipality of Bayham as an additional insured,in the amount of$2
million,and
• clean up and repair of any damage to the park area be the
responsibility of the organizers."
CARRIED UNANIMOUSLY
(f) Staff Report F2009-37 regarding Infrastructure Stimulus Fund Agreement.
File: F05
2009-472
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report F2009-37 regarding Infrastructure Stimulus Fund
Agreement be received;
AND THAT By-law 2009-107, being a by-law to authorize an agreement
between the Municipality of Bayham and Her Majesty the Queen in Right
of Ontario regarding the Infrastructure Stimulus Fund, be presented to
Council for enactment."
CARRIED UNANIMOUSLY
(g) Correspondence dated August 31, 2009 from Long Point Region Conservation
Authority regarding"2009 LPRCA Planning and Regulatory User Fees and
Page 12 of 17
Council Minutes September 17, 2009
Permitting Process".
File: Al6
2009-473
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT correspondence dated August 31,2009 from Long Point Region
Conservation Authority regarding 2009 LPRCA Planning and Regulatory
User Fees and Permitting Process be received for information."
CARRIED UNANIMOUSLY
(h) Correspondence and invoice from Town of Aylmer regarding "Doors Open East
Elgin".
File: A04
2009-474
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT correspondence from Town of Aylmer regarding Doors Open East
Elgin be received for information;
AND THAT the invoice from Town of Aylmer regarding Doors Open East
Elgin contribution be approved for payment."
CARRIED UNANIMOUSLY
(i) Staff Report F2009-40 regarding RED and CAF Fund Agreements.
File: F05
2009-475
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report F2009-40 regarding RED and CAF Fund Agreements
be received;
AND THAT By-law 2009-109, being a by-law to authorize an agreement
between the Municipality of Bayham,Otter Valley Chamber of Commerce,
and Her Majesty the Queen in Right of Ontario regarding the Rural
Page 13 of 17
Council Minutes September 17,2009
Economic Development Fund be presented to Council for enactment;
AND THAT Council confirm its intent to proceed with the Ferry Service
Feasibility and Impact Study and intent to access CAF funding for the
project."
CARRIED UNANIMOUSLY
(j) Memorandum C2009-12 regarding Marriage Officiant.
File: L04
2009-476
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski •
"THAT Memorandum C2009-12 regarding Marriage Officiant be
received;
AND THAT staff be directed to take the necessary actions to put the
services of Marriage Officiant in place."
CARRIED UNANIMOUSLY
(k) Staff Report C2009-021 regarding Museum Mission&Vision.
File: A01
2009-477
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report C2009-21 regarding Museum Mission&Vision be
received;
AND THAT Council approves the recommendations from the Museums
Bayham Board regarding the Edison Museum of Vienna mission and
vision;
AND THAT By-Law 2009-110,being a by-law to further amend By-Law
2006-003,be presented to Council for enactment."
CARRIED UNANIMOUSLY
Page 14 of 17
Council Minutes September 17,2009
(1) Request for discussion regarding Thames Valley School Bus issues.
2009-478
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Municipality of Bayham support the September 15,2009
resolution of the County of Elgin respecting school bus issues;
AND THAT Southwestern Ontario Student Transportation Services,the
Thames Valley District School Board,Minister of Education,and MPP
Steve Peters be advised of this support."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2009-479
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 9:53 p.m.to discuss:
• labour relations or employee negotiations;
• advice that is subject to solicitor-client privilege,including
communications necessary for that purpose."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held September 3,2009.
(c) Confidential memo regarding litigation or potential litigation.
(d) Confidential verbal report regarding labour relations.
(e) Out of Camera.
Page 15 of 17
Council Minutes September 17,2009
2009-480
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera"
session at 10:14 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2009-107 A By-Law to authorize the execution of an agreement
(Infrastructure Stimulus Fund)
(b) By-Law 2009-108 A By-Law to authorize the execution of a loan agreement
(Royal Bank of Canada)
(c) By-law 2009-109 A By-law to authorize the execution of an agreement(Rural
Economic Development Program)
(d) By-Law 2009-110 A By-Law to further amend By-Law 2006-003 (Goverance
and Structure for the Museums Bayham Board)
2009-481
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Laws 2009-107,2009-108,2009-109 and 2009-110 be read a
first,second and third time and finally passed."
CARRIED UNANIMOUSLY
(e) By-Law 2009-111 A By-Law to confum all actions of Council
2009-482
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2009-111 be read a first,second and third time
and finally passed."
CARRIED UNANIMOUSLY
Page 16 of 17
Council Minutes September 17,2009
13. ADJOURNMENT
(a) Adjournment
2009-483
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Council meeting be adjourned at 10:15 p.m."
CARRIED UNANIMOUSLY
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