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Home My WebLink AboutOctober 15, 2009 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road,Straffordville October 15,2009 7:00 p.m. 8:00 p.m.-Public Meeting-Drainage(Municipal Drain No. 1) The regular meeting of the Council of the Municipality of Bayham was held on Thursday, October 15,2009 in the Council Chambers. Present were Mayor Lynn Acre,Deputy Mayor Cliff Evanitsid, Councilors Mark Taylor,Wayne Casier and Ed Ketchabaw,Administrator Kyle Kruger and Clerk Lynda Millard. Chief Building Official/Drainage Superintendent Bill Knifton, Treasurer Suzanna Dielman Mantel 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 Deputy Mayor C Evanitski declared a pecuniary interest regarding item 9(f). 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a) Minutes of the regular meeting of council held October 1,2009. 2009-502 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT minutes of the regular meeting of Council held October 1,2009 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s) There were no items added to the agenda. 4. DELEGATIONS (a) 7:45 p.m. Wanda Hoshal regarding Estherville Cemetery Mrs.Hoshal was in attendance and again noted discrepancies in the documentation that identifies part of Hwy# 19 being mapped in lot 12 while another has it placed in Lot 13. She provided a description of member discipline utilized in the Baptist church in the Page 1 of 14 Council Minutes October 15,2009 late 1930's. She suggested that Council do what is right. She noted the group's willingness to attend proceedings regarding the court charges against Mr. Csinos,if requested. Councillor Taylor read a letter from a person who's identity was withheld. The Administrator acknowledged that the municipal solicitor,Mr. Gibson,was in attendance at court and witness statements would be requested if/as needed. He confirmed that the charges laid are a result of improper zoning of the Csinos property to allow for cucumber grading and the need to rezone is separate from any concerns related to the cemetery property. Council accepted the offer for staff to copy the documentation gathered by Mrs. Hoshal for future reference. 5. INFORMATION ITEMS (a) Correspondence dated September 25,2009 from Steve Peters,M.P.P. regarding "request for assistance/support in pursuing a Gateways and Border Crossings Fund grant". File: D06 (b) Correspondence dated September 22,2009 from City of London regarding"Port Burwell Harbour-Potential International Ferry Service". File: D06 (c) Correspondence dated September 23,2009 from Norfolk County regarding "Port Burwell Harbour-Potential International Ferry Services". File: D06 (d) Correspondence dated September 29,2009 from Town of Ingersoll regarding "Port Burwell Harbour-Potential International Ferry Services". File: D06 (e) Correspondence dated October 2,2009 from City of Woodstock regarding"Port Burwell Harbour- Potential International Ferry Service". File: D06 (f) Correspondence received from Association of Municipalities of Ontario regarding "2009 Ontario West Municipal Conference". File: A01 (g) Corresponce dated September 28 and October 6,2009 from Association of Municipalities of Ontario regarding"Green Energy Regulations Strongly Reflect AMO Input", "AMO's Message to the Province: Accessibility and Municipalities Page 2 of 14 Council Minutes October 15,2009 at Risk with Initial Proposed Built Enviomment Standard" and"Southern Ontario Municipalities Invited to Submit Funding Requests". File: A01 (h) Newsletter dated October 2009 from Local Authority Services Limited regarding "Energy Newsflash". File:A01 (i) Correspondence dated September 30,2009 from Ministry of Tourism regarding "Celebrate Ontario 2010". File: A16 (j) Norfolk County Drainage Court of Revision minutes of meeting held September 16,2009. File: E09 (k) Museums Bayham draft minutes of meeting held September 9,2009. File: C06 (1) Bayham Community Centres Committee draft minutes of meeting held September 24,2009. File: C06 (m) Bayham Historical Society draft minutes of meeting held September 10,2009. File: C06 (n) Bayham Health&Safety Committee minutes of meeting held September 18,2009. File: C06 (o) Lake Erie Source Protection minutes of meeting held September 10,2009. File: E00 (p) Long Point Region Conservation Authority Board of Directors minutes of meeting held August 5,2009. File: A16 (q) Correspondence dated October 5,2009 from Community Schools Alliance regarding"MPP Letter in Support of a'Smart Moratorium'on School Closures". File: A01 (r) Correspondence dated October 5,2009 from Ontario Good Roads Association regarding"Nominations for Directors". File: A01 (s) Ontario Good Roads Association Heads Up Alert dated September 30,2009 regarding"Ontario's Roads Safer as of October 26,2009". File: A01 Page 3 of 14 Council Minutes October 15,2009 (t) Correspondence received October 5,2009 from Coastal Program Coordinator, Carolinian Canada Coalition regarding "Carolinian Canada Coalition- Caring for Our Coast Forum". File: D06 (u) Correspondence dated September 30,2009 from Municipal Property Assessment Corporation regarding"Toronto Bank Towers Decision- Divisional Court". File: A16 (v) Correspondence received October 2,2009 from Historica-Dominion Institute regarding"Veteran Appreciation Days". File: A0l (w) Correspopndence dated October 2009 from Federation of Canadian Municipalities regarding "FCM Green Municipal Fund" File: A01 (x) Correspondence dated September 21 from Recycling Council of Ontario regarding "Waste Reduction Week in Canada- October 19- 25,2009". File: E07 (y) Correspondence dated October 7,2009 from County of Elgin regarding"2009 Warden's Banquet". File: A16 (z) New Release dated October 9,2009 from Elgin County OPP regarding "Operation Inpact". File: P17 2009-503 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT information items 5(a)through 5(z)be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION&TOURISM (a) Staff Report D2009-37 regarding Grewal Consent Applications E65 - E68/09. File: D10.09 GREWAL 2009-504 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2009-37 regarding Consent Applications E65— Page 4 of 14 Council Minutes October 15,2009 E68/09 Grewal be received; AND THAT Council defer the applications until such time as the applicant provides for municipal review a conceptual plan of subdivision for the entire subject lands including the layout of the four lots proposed to be created by consent." CARRIED UNANIMOUSLY (b) Staff Report D2009-40 regarding Blondeel Consent Application E58/09. File: D10.09 BLONDEEL 2009-505 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "THAT Staff Report D2009-40 regarding revised Consent Application E58/09 Blondeel be received; AND THAT Council recommends to the Elgin county Land Division committee that severance application E58/09,submitted by Blondeel Nursery Inc.,be approved subject to conditions: 1. rezoning 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 Siegfried and Margaret Blondeel identified as assessment Roll#34- 10-000-003-14400 4. a copy of the final survey provided to the municipality." 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 Page 5 of 14 Council Minutes October 15,2009 (a) Corresopondence dated October 9,2009 from The Port Burwell Legion regarding "Armistice Parade- Nov. 8/09". File: T09 2009-506 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Correspondence dated October 9,2009 from the Royal Canadian Legion Branch 624 Port Burwell be received; "THAT the Council of the Municipality of Bayham approves the request by the Royal Canadian Legion Branch 624 Port Burwell for permission to use streets within Port Burwell for the Armistice Parade to be held Sunday November 8,2009 at 12:00 p.m.,subject to the provision of proof of liability insurance coverage in the amount of$2 million; THAT Wellington,Robinson and Pitt Streets be temporarily closed during the parade; AND THAT the Bayham Public Works Superintendent be directed to provide the necessary provisions for traffic control and safety." CARRIED UNANIMOUSLY 1. PUBLIC MEETING 2009-507 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act." CARRIED UNANIMOUSLY 1. Public Meeting (a) 8:00 p.m. - Municipal Drain No. 1 to consider Spriet Associates Engineer's Report#208321 dated September 28,2009. 2. Declaration of Pecuniary Interest and the General Nature Thereof None Page 6 of 14 Council Minutes October 15,2009 3. Staff Presentation (a) Staff Report DR2009-008 regarding Municipal Drain No. 1 and attached Engineers Report. File: E09 Report was presented by Drainage Superintendent Bill Knifton and John Spriet,Engineer. The Drainage Superintendent advised that 19 persons had attended a meeting to discuss concerns and the need to upgrade Drain No. 1. Mr. Spriet explained the public meeting process,noting that public comments or questions from the public and Council were welcome regarding the project construction. He added that the proposed court of revision will address any issues with assessment of the construction costs. 4. Public Comments Mathew Schafer questioned whether Branch C of the No. 1 Drain is working properly. Mr.Knifton advised that the Main Drain is not working. Mr. Spriet suggested no complaints have been received,and he will be looking into this. 5. Council Comments and Questions Councillor Casier questioned whether the old drain would be disconnected,to which Mr. Spriet responded yes,taken out or destroyed,the same route will be followed with the new construction. Councillor Ketchabaw questioned whether Mr.Herman has a pond that will affect the drain. Mr. Spriet responded that he does and that a catch basin will be installed to control the water elevation. 6. Adjournment 2009-508 Moved by Councillor M Taylor Page 7 of 14 Council Minutes October 15, 2009 Seconded by Councillor W Casier "THAT the Public Meeting be adjourned at 8:20 p.m." CARRIED UNANIMOUSLY 7. Disposition of Item (a) Disposition 2009-509 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report DR2009-008 regarding Municipal Drain No. 1 be received; AND THAT in accordance with Section 78 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report#208321 dated September 28,2009, referred to as the"Drain No.1" report; AND THAT Provisional By-law#2009-112 be given first and second reading; AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46(2)of the Drainage Act; AND THAT a date of November 5,2009 at 8:00 p.m. be set for the first sitting of the Court of Revision." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (a) Building Permit Report for period ending September 30,2009. File: P 10 2009-510 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Building Permit Report for month ending September 30,2009 be received for information." Page 8 of 14 Council Minutes October 15,2009 CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION&PERSONNEL (a) Cheque Register being Cheque#7233 to Cheque#7329 inclusive,except Cheque #7234 totaling$235,578.39 and Payroll Disbursements for the period ending September 20 and October 4,2009 totaling$51,448.18 and$51,149.18 respectively. 2009-511 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Cheque Register being Cheque#7233 to Cheque#7329 inclusive, except Cheque#7234 totaling$235,578.39 and Payroll Disbursements for the period ending September 20 and October 4,2009 totaling$51,448.18 and$51,149.18 respectively be approved." CARRIED UNANIMOUSLY (b) Staff Report F2009-42 regarding Capital Budget 2010. File:F05.10 Council suggested waiting until after the operating budget is available and the service review study is started,before considering approval of the capital budget. (c) Staff Report PW2009-20 regarding Three Quarter Ton Truck. File: F18 2009-512 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report PW2009-20 regarding Three Quarter Ton Truck be received; AND THAT Council direct staff to purchase a used vehicle." CARRIED UNANIMOUSLY (d) Staff Report PW2009-21 regarding Straffordville Medical Building Roof Repairs. File: L04 Page 9 of 14 Council Minutes October 15,2009 2009-513 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT Staff Report PW2009-21 regarding Straffordville Medical Building Roof Repairs be received; AND THAT Staff be authorized to proceed with repairs to the Straffordville Medical Building roof repairs as quoted by Janzen Exteriors." CARRIED UNANIMOUSLY (e) Staff Report PW2009-22 regarding Replacement of Signs- Port Burwell. File: T07 2009-514 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT Staff Report PW2009-22 regarding Replacement of Signs-Port Burwell be received; AND THAT Staff be authorized to proceed with new faces for blades in Port Burwell in a blue and white format." CARRIED UNANIMOUSLY (f) Correspondence dated September 24,2009 from Long Point Region Conservation Authority regarding"2010 Operating and Capital Budgets". File: A16 2009-515 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT correspondence from Long Point Region Conservation Authority regarding 2010 Operating and Capital Budgets be received; AND THAT the Council of the Municipality of Bayham supports the 2010 Operating and Capital Budgets as presented." CARRIED UNANIMOUSLY Page 10 of 14 Council Minutes October 15,2009 (g) Staff Report C2009-24 regarding Service Delivery Review Project. File: D02 2009-516 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report C2009-024 regarding Service Delivery Review Project be received; AND THAT Staff be directed to initiate the general program for municipal Service Delivery Review as outlined in Report C2009-024." CARRIED UNANIMOUSLY (h) Draft By-Law 2009-099 being a By-Law to further amend By-Law 2009-006 appointing members to Boards and Committees. 2009-517 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski "THAT By-Law 2009-099 being a By-Law to amend By-Law 2009-006 appointing members to Boards and Committees of the Municipality be presented to Council for enactment." CARRIED UNANIMOUSLY (i) Draft By-Laws 2009-116,2009-117,2009-118 and 2009-119 to authorize the execution of agreements for winter control. 2009-518 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT By-Laws 2009-116,2009-117,2009-118 and 2009-119 being By- Laws to authorize the execution of agreements for winter control be presented to Council for enactment." CARRIED UNANIMOUSLY (j) Staff Report C2009-26 regarding RFP Results- Ferry Service Feasibility and Impact Study. File: Fll Page 11 of 14 Council Minutes October 15,2009 2009-519 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT Staff Report C2009-26 regarding RFP Results-Ferry Service Feasibility and Impact Study be received; AND THAT the proposal submitted by CPCS Transcom Limited dated October 9,2009 for the International Ferry Service Feasibility and Impact Study be accepted; AND THAT By-Law 2009-120 being a By-Law to authorize the execution of an agreement between the Municipality of Bayham and CPCS Transcom Limited for the International Ferry Service Feasibility and Impact Study be presented to Council for enactment." CARRIED UNANIMOUSLY (k) Staff Report C2009-25 regarding Boundaries Act Outline. File: S09 There was consensus that a legal opinion determining what can be achieved through the Boundaries Act process be obtained prior to taking any action. 2009-520 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT Staff Report C2009-025 regarding Boundaries Act Outline be received for information." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Correspondence dated October 1,2009 from Elgin Area Primary Water Supply System regarding"Policy Proposal Notice: Stewardship- Leadership- Accountability. Managing Ontario's Water Resources for Future Generations". File: E08 2009-521 Moved by Deputy Mayor C Evanitski Seconded by Councillor M Taylor Page 12 of 14 Council Minutes October 15,2009 "THAT correspondence from Elgin Area Primary Water Supply System regarding Policy Proposal Notice: Stewardship-Leadership- Accountability and Managing Ontario's Water Resources for Future Generations be received for information." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE 12. BY-LAWS (a) By-Law 2009-099 A By-Law to further amend By-Law 2009-006 (Committee members) (b) By-Law 2009-112 A Provisional By-Law to provide for drainage works (Municipal Drain No. 1) "first and second readings only" (c) By-Law 2009-116 A By-Law to authorize the execution of an agreement (Wilson) (d) By-Law 2009-117 A By-Law to auhorize the execution of an agreement (Underhill) (e) By-Law 2009-118 A By-Law to authorize the execution of an agreement (Laemers) (f) By-Law 2009-119 A By-Law to authorize the execution of an agreement (Sproul) (g) By-Law 2009-120 A By-Law to authorize the execution of an agreement(CPCS Transcom Limited) 2009-522 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "THAT Provisional By-Law 2009-112 for the Municipal Drain No. 1 be read a first and second time." CARRIED UNANIMOUSLY 2009-523 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT By-Laws 2009-099,2009-116,2009-117,2009-118,2009-119 and Page 13 of 14 Council Minutes October 15,2009 2009-120 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY (h) By-law 2009-121 A By-law to confirm all actions of Council 2009-524 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw "That confirming By-law 2009-121 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2009-525 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned at 9:27 p.m." CARRIED UNANIMOUSLY MA O' CLERK Page 14 of 14