HomeMy WebLinkAboutOctober 01, 2009 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
October 1,2009
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,October
1,2009 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 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 F 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 17,2009.
2009-484
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the minutes of the regular meeting held September 17,2009 be
approved as circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS
(a) 7:30 p.m. Matthew Redsell regarding zoning and by-law
Matthew Redsell was in attendance regarding how the new regulations under the
Green Energy Act affect his windmill pilot project. He suggested that municipalities
now have no jurisdiction in this matter.
It was noted that under the new regulations,the Planning Act does not apply. It
was commented that there is potential for this matter to be addressed through the
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Council Minutes October 1,2009
Ontario Building Code and the need for Council to wait and see what the Province
puts in place.
(b) 7:45 p.m. Wanda Hoshall regarding Estherville Cemetery
Wanda Hoshal questioned whether records were available to determine the depth
of the Glen Erie road allowance depth. She noted that the Mayer archaeological
study of the Csinos property has not yet been filed with the Ontario Heritage
Trust. She commented that dowser findings in Norfolk have been honoured and
suggested that the Boundaries Act should be implemented and Council could
proceed with digging on the road allowance.
The Administrator responded that Mayer has to the end of the year after an
assessment to file their study with the Ministry and advised that he is awaiting
information regarding the Boundaries Act.
5. INFORMATION ITEMS
(a) Correspondence from Local Authority Services Ltd. regarding"Town Hall
Sessions 2009-2010".
File: A01
(b) Correspondence dated September 21 and 22,2009 from Association of
Municipalities of Ontario regarding"AMO Releases Draft Paper: Seeking Joint
and Several Liability Reform"and"Provincial Government Hosting Sessions on
Broadband Funding".
File: A01
(c) Correspondence dated September 18,2009 from Ministry of the Environment
regarding"agricultural use of non-agricultural source materials as a nutrient".
File: A16
(d) Correspondence dated September 8,2009 from Minister of Fisheries and Oceans
regarding"muinicipal drain repair and maintenance".
File: A16
(e) Correspondence dated September 15,2009 from The Ontario Aggregate
Resources Corporation regarding"Licence Fee Disbursement under the Aggregate
Resources Act".
File: D05
(f) Correspondence from Ministry of Agriculture,Food and Rural Affairs regarding
"Proposed Harmonized Sales Tax(HST)Benefits for Ontario's Farmers".
File: A16
(g) Notice from Elgin Business Resource Centre regarding "holding office hours at the
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Council Minutes October 1,2009
Bayham Municipal Office".
File: A01
(h) Correspondence dated September 16,2009 from Town of Aylmer regarding"Port
Burwell Harbour- Potential International Ferry Service".
File: A16
(i) Correspondence dated September 22,2009 from Township of Malahide regarding
"Ferry Service".
File: A16
(j) Correspondence from Clean Farms Ontario regarding "Ontario pesticides,
livestock medicines and used sharps collection program".
File: A 16
(k) Otter Valley Chamber of Commerce/Municipality of Bayham Liaison Committee
minutes of meeting held September 8,2009.
File: C06
(1) Correspondence dated September 18,2009 from Ontario Municipal Knowledge
Network regarding"OMKN Seeks Your Input to Municipal Website
Development Initiative".
File: A01
(m) Correspondence dated September 15,2009 from Long Point Region Conservation
Authority regarding"2008 Annual Report".
File: A16
(n) Correspondence received from Robin Devine regarding"Ontario Provincial Police
100th Anniversary Watch".
File: A01
2009-485
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT information items 5(a)through 5(n) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
(a) Staff Report D2009-38 regarding Phillips Consent Application E55/09.
File: D10.09 PHILLIPS
2009-486
Moved by Deputy Mayor C Evanitski
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Council Minutes October 1,2009
Seconded by Councillor W Casier
"THAT Staff Report D2009-38 regarding Consent Application E55/09
Phillips be received;
AND THAT Council recommends to the Elgin County Land Division
Committee that severance application E55/09,submitted by C.D.Phillips,
be approved subject to conditions:
1. $500 cash-in-lieu of parkland dedication fee
2. 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
Deputy Mayor Evanitski
Councillor Ketchabaw
Motion Carried on a recorded vote of 4 to 1 in favour
(b) Staff Report D2009-39 regarding Blondeel Consent Application E58/09.
File: D10.09 BLONDEEL
Mr.David Roe and Ziggy Blondeel were present.Mr.Blondeel noted that he has
tried to sell the properties for about five years without any success.He now has an
offer to purchase the 86 acres workable land on condition that the buildings be
excluded. The buildings are not of use to the potential buyer and upkeep costs are
high.He suggested adding the buildings and five acres to the smaller parcel would
provide an opportunity for sale as a small hobby farm such as a riding stable. It was
suggested that Council could restrict the number of animals allowed.
Staff cautioned that planning changes are not justifiable for the sole purpose of
marketing a property.
Concerns were raised noting potential for increased rezoning difficulty when
agricultural land is being farmed such as that on Nova Scotia Line and that Council
would be setting a precedent.
2009-487
Moved by Deputy Mayor C Evanitski
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Council Minutes October 1,2009
Seconded by Councillor W Casier
"THAT Staff Report D2009-39 regarding Consent Application E58/09
Blondeel be received;
AND THAT Council defer the application to provide opportunity for the
applicant to prepare and present more detailed planning justification."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE&DRAINAGE
(a) Staff Report PW2009-18 regarding Winter Control Contracts 2009/2010.
File: L04
2009-488
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report PW2009-18 regarding Winter Control Contracts
2009/2010 be received;
AND THAT staff be authorized to confirm contract arrangements for
winter control services for the 2009/2010 season as outlined in attachment
to Report PW2009-18;
AND THAT staff be directed to prepare contracts and by-laws for
Council's approval at the next meeting."
CARRIED UNANIMOUSLY
(b) Staff Report PW2009-19 regarding Budgetary Update- Capital - 2009.
File: F05
2009-489
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report PW2009-19 regarding Budgetary Update- Capital-
2009 be received for information."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
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Council Minutes October 1,2009
(a) Correspondence received September 28,2009 from Port Burwell Home
Hardware requesting permission to place a garbage dumpster in front of the Home
Hardware building for approximately 4 weeks.
File: C13
2009-490
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT correspondence received September 28,2009 from John Snook,
owner of Port Burwell Home Hardware,requesting to place a garbage
dumpster in front of his store be received;
AND THAT Council approves the request to place a garbage dumpster in
front of the Port Burwell Home Hardware on the roadway for
approximately 4 weeks."
CARRIED UNANIMOUSLY
(b) Correspondence received September 24,2009 from Otter Valley Chamber of
Commerce regarding"parking in Port Burwell".
File: C 13/P01
2009-491
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT correspondence received September 24,2009 from Otter Valley
Chamber of Commerce be received;
AND THAT the correspondence be referred to staff for comment and
report back to Council with recommendations."
CARRIED UNANIMOUSLY
(c) Discussion regarding Vessel Based Rescue demonstration.
Discussion included how many or which firefighter personnel would be involved in a
vessel-based rescue demonstration,where/when it would take place,would it be
voluntary or considered training and what steps would be taken to ensure a safe
environment.
2009-492
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Council Minutes October 1, 2009
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT fire department staff be authorized to participate in a training
exercise for vessell based rescue service subject to the Fire Chief being
satisfied that the exercise is carried out in a safe manner."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheque#7162 to Cheque#7232 inclusive,except Cheques
#6987 and#7172 totaling$1,376.753.77 and Payroll Disbursements for the
period ending August 9&23 and September 20, 2009 totaling$62,174.47,
$61,423.19 and$51,448.18 respectively.
2009-493
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Cheque Register being Cheques#7162 to Cheque#7232 inclusive,
except Cheques#6987 and#7172 totaling$1,376,753.77and Payroll
Disbursements for the period ending August 9&23 and September 20,
2009 totaling$62,174.47, $61,423.19 and$51,448.18 respectively be
approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated September 14,2009 from Union Gas regarding"Ontario
Energy Board application".
File: E06
2009-494
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT correspondence dated September 14,2009 from Union Gas be
received."
CARRIED UNANIMOUSLY
(c) Staff Memorandum regarding Potential Excavation Works - Glen Erie Line at
Estherville Cemetery Area.
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Council Minutes October 1,2009
File: S09
2009-495
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Staff Memorandum regarding Potential Excavation Works-Glen
Erie Line at Estherville Cemetery Area be received;
AND THAT staff be directed to contact Mae Leonard to request her
dowsing services for the length of Glen Erie Line west of Plank Road."
CARRIED UNANIMOUSLY
(d) Staff Report C2009-23 regarding Coastal Processes Study- SCH Agreement.
File: F05
2009-496
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report C2009-23 regarding Coastal Processes Study-SCH
Agreement be received;
AND THAT By-Law 2009-113,being a by-law to authorize the execution of
a contract with Fisheries and Oceans Canada regarding a Coastal
Processes Study,be presented to Council for enactment."
CARRIED UNANIMOUSLY
(e) Staff Report regarding Community Adjustment Fund Letter of Offer.
File: F05
2009-497
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report F2009-41 regarding CAF Fund Agreement be
received;
AND THAT By-Law 2009-115,being a by-law to authorize an agreement
between the Municipality of Bayham and Her Majesty the Queen in Right
of Canada as represented by the Minister of Industry regarding the
Community Adjustment Fund,be presented to Council for enactment."
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Council Minutes October 1,2009
CARRIED UNANIMOUSLY
(f) Staff Report regarding Creative Communities Prosperity Fund.
2009-498
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report C2009-022 regarding Creative Communities
Prosperity Fund be received;
AND THAT the Council of the Municipality of Bayham directs staff to take
the necessary steps to prepare and submit an application to the Ministry of
Culture under the Creative Communities Prosperity Fund,at 80% support,
to a maximum of$50,000,on behalf of Vienna Edison and Port Burwell
Marine Museums and Historic Lighthouse,and the Wind Interpretive
Centre with the Bayham and Port Burwell Historical Societies,and Elgin
County Culture/Library Services as partners."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
12. BY-LAWS
(a) By-Law 2009-113 A By-Law to authorize the execution of a contract(Fisheries
and Oceans Canada)
(b) By-Law 2009-115 A By-law to authorize the execution of an agreement(CAF)
2009-499
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Laws 2009-113 and 2009-115 be read a first,second and third
time and finally passed."
CARRIED UNANIMOUSLY
(c) By-Law 2009-114 A By-Law to confirm all actions of Council
2009-500
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Council Minutes October 1,2009
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2009-114 be read a first,second and third time
and fianily passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2009-501
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 9:13 p.m."
CARRIED UNANIMOUSLY
A AAA . A _ i / 'c
• C 'ERK
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