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HomeMy WebLinkAboutNovember 05, 2009 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville November 5, 2009 7:00 p.m. 8:00 p.m.Court of Revision-Drainage The regular meeting of the Council of the Municipality of Bayham was held on Thursday,November 5, 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,Chief Building Official Bill Knifton,Fire Chief/By-Law Enforcement Officer Paul Groeneveld,Treasurer Suzanna Dieleman Mantel 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 October 15,2009. 2009-526 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the minutes of the regular meeting held October 15,2009 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s). There were no items added to the agenda. 4. DELEGATIONS (a) 7:20 p.m. Matthew Redsell regarding Property Standards Matthew Redsell was in attendance regarding Property Standards concerns. He suggested consideration should be focused on health,fire hazard or other nuisance concerns rather than appearances. He raised issues with other properties being in violation without owners being issued notices. He also emphasized the environmental benefits of natural gardens. Page 1 of 19 Council Agenda November 5,2009 When questioned whether his concerns were with the by-law, staff or Council,he responded all three elements. (b) 7:37 p.m.Nancy Lozon regarding Playground Equipment Mrs.Lozon spoke on behalf of the East Beach Play Structure Committee,in support of the benefits of placing new playground equipment on the east beach rather than replacing existing equipment at the ball park. She suggested refusing the RInC grant and submitted a petition with over 400 signatures in support of her stand on the matter. It was explained that the fmancial grant was only available in support of replacement equipment rather than new and that declining this opportunity would result in a deferral of any new equipment in Port Burwell until Council budgeted new funds for this purpose. (c) 7:45 p.m. Wanda Hoshal regarding Estherville Cemetery Mrs.Hoshal was in attendance regarding the Estherville Cemetery and suggested Council use the Boundary Act to determine mapping errors and correct them. 5. INFORMATION ITEMS (a) Copy of resolution passed by Essa Township regarding"Nottawasaga Conservation Authority". File: C10 (b) Copy of resolution passed October 30,2009 by the Council of the Township of Frontenac Islands regarding "Closing of Prison Farms in New Brunswick,Ontario, Manitoba, Saskatchewan and Alberta". File: C10 (c) Copy of resolution passed by the Council of the County of Perth regarding "Residential-Farmland Property Tax Concerns". File: C10 (d) Copy of resolution passed October 13,2009 by the Council of the Township of Wainfleet regarding"Ministry of Natural Resources Provincially Significant Wetlands". File: C10 (e) Correspondence from Local Authority Services Ltd.regarding"Town Hall Sessions 2009- 2010". File: A01 (f) Correspondence dated October 15,22,27 and 28,2009 from Association of Municipalities of Ontario regarding"AMO Report to Members on September 2009 Board Meeting", "Bill 168,Violence&Harrassment in the Workplace", "Minister of Finance Delivers Fall Economic Statement", "AMO Applauds Government for Moving Forward on the Implementation of Early Learning and Child Care in Ontario","Good Government Bill Proposes Municipal Election Changes" and"Waste Diversion Act Page 2 of 19 Council Agenda November 5,2009 Review". File: A01 (g) Correspondence from Linda Jeffrey,MPP Brampton-Springdale regarding "I thought you might like to know". File: M07 (h) News Release dated October 14,2009 from Ontario Provincial Police regarding "Operation Impact a Memorable Initiative". File: P17 (i) Elgin Group Police Services Board June-August 2009 Detachment Commanders Report. File: P17 (j) Correspondence dated October 8, 2009 from The Ontario Aggregate Resources Corporation regarding "2008 Annual Report". File: A16 (k) Correspondence dated October 19,2009 from Ministry of Municipal Affairs and Housing regarding "Ontario Municipal Internship Program". File: A01 (1) Correspondence dated October 23,2009 from Ministry of Energy and Infrastructure regarding"Proposed Growth Plan for Northern Ontario". File: A01 (m) Correspondence dated October 27,2009 from Canadian Museums Association regarding "Pre-budget Consultations". File: A01 (n) Correspondence from Ministry of Municipal Affairs and Housing regarding"Proposed reforms of interest to Municipalities". File: A01 (o) Correspondence from Association of Municipalities of Ontario regarding"Annual Expenditure Report 2008". File: A01 (p) Information Notice from Township of Malahide regarding"Agri-Industrial Park". File: A16 (q) Correspondence dated October 27,2009 from Elgin County regarding"Smart Moratorium for disputed school closures". File: A16 (r) Corespondence from the City of North Bay regarding "Mayor to Mayor Campaign launched in Buy American Battle". File: A16 Page 3 of 19 Council Agenda November 5,2009 (s) Copy of correspondence dated October 1, 2009 from Elgin Group Police Services Board and October 23,2009 from Elgin County regarding"Designating the Bridge at Furnival Road and Highway 401". File: A 16 (t) Correspondence dated October 22, 2009 from Ministry of Municipal Affairs and Housing regarding'Local Government Week". File: A 16 (u) Elgin County Council minutes of meeting held September 15,2009. File: A16 (v) Correspondence dated October 26,2009 from County of Elgin regarding "Elgin County welcomes Susan McConnell to administrative services". File: A16 (w) Correspondence dated October 5,2009 from Bayvale Farms Ltd.,T. Csinos, regarding"Road Allowance Boundaries". File: C13 (x) Correspondence dated October 19,2009 from Ministry of Culture regarding"2009- 2010 Museums and Technology Fund". File: Flt (y) Correspondence dated October 28, 2009 from Norfolk County regarding "Winters Drain Tribunal". File: E09 (z) Elgin Group Police Services Board minutes of meeting held September 30,2009. File: P17 (aa) Correspondence received October 22,2009 from Mae Leonard regarding"Estherville Cemetery". File: S09 2009-527 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT information items 5(a)through 5(aa) be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION&TOURISM (a) Staff Report D2009-33 regarding OMB Notice of Decision- Bonn, Bonn Site Plan Agreement. File: Dll 2009-528 Page 4 of 19 Council Agenda November 5,2009 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2009-33 regarding the Borm Site Plan Agreement be received; AND THAT By-law No.2008-050 be repealed; AND THAT By-law No.2009-096,being a By-law to authorize the execution of a Site Plan Agreement with Etienne&Marie-Louise Borm and the Municipality of Bayham be presented for enactment." CARRIED UNANIMOUSLY (b) Staff Report D2009-41 regarding Keil Consents E79/09 and E80/09. File: D10.09 Keil 2009-529 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT Staff Report D2009-41 regarding the Keil consents be received; AND THAT Council recommend to the Elgin County Land Division Committee that severance applications E79/09 and E80/09, submitted by Werner Keil,be approved and each is subject to: 1. $500 cash-in-lieu of parkland dedication fee 2. lot grading plan 3. provision of water quality testing reports for nitrates and bacteria content 4. provision of water quantity testing report 5. municipal lot assessment to determine soil suitability for a private septic system 6. copy of the final survey be provided to the municipality 7. rezoning to remove the"Holding"provision." CARRIED (c) Memorandum dated October 15,2009 from IBI Group regarding"Green Energy Act: Role of Municipal Government in Renewable Energy Projects". File: D14 2009-530 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Memorandum from IBI Group regarding Green Energy Act: Role of Municipal Government in Renewable Energy Projects be received; Page 5 of 19 Council Agenda November 5,2009 AND THAT Staff be directed to review renewable energy projects and report to Council." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE&DRAINAGE 1. CORRESPONDENCE &REPORTS (a) Staff Report PW2009-23 regarding Angle Parking- Port Burwell. File: T02 2009-531 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report PW2009-23 regarding Angle Parking Port Burwell be received for information." CARRIED UNANIMOUSLY (b) Staff Report PR2009-17 regarding Road Closure Application-Chestnut Street Allowance. File: T09 2009-532 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report PR2009-17 regarding Road Closure Application- Chestnut Street Allowance be received; AND THAT staff be directed to initiate required procedures pursuant to the Municipal notice by-law to close an unopened portion of the Chestnut Street road allowance between Edison Drive and Elm Street in Vienna, provided the applicants pay required expenses, and that upon closure of the road, the lands be conveyed to the abutting property owners at appraised value." CARRIED UNANIMOUSLY (c) Staff Report PR2009-18 regarding Road Closure Application-Lots 10 and 11 Concession 3. File: T09 2009-533 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier Page 6 of 19 Council Agenda November 5,2009 "THAT Staff Report PR2009-18 regarding Road Closure Application- Lots 10 and 11 Concession 3 be received; AND THAT staff be directed to initiate required procedures pursuant to the Municipal notice by-law to close a portion of the unopened road allowance between Lots 10 and 11 in Concession 3,provided the applicants pay required expenses,and that upon closure of the road,the lands be conveyed to the abutting property owners at appraised value." CARRIED UNANIMOUSLY (d) Event Road Closure Request Form from Straffordville Santa Claus Parade Committee regarding parade. File: T09 2009-534 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT the Council of the Municipality of Bayham approves the request by the Straffordville Santa Claus Parade Committee to use streets within Straffordville for the Sanda Claus Parade to be held Saturday,December 12,2009 at 10:30 a.m., subject to the provision of proof of liability insurance coverage; THAT Old Chapel Street be temporarily closed during the parade; THAT the County of Elgin be requested for permission to use Plank Road and Heritage Line between 10:30 a.m. and 1:00 p.m.for the parade; AND THAT the Bayham Public Works Manager be directed to provide the necessary provisions for traffic control and safety." CARRIED UNANIMOUSLY 2. COURT OF REVISION-DRAINAGE 2009-535 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT in accordance with the provisions of the Drainage Act,the Council of the Municipality of Bayham appoints Mayor Lynn Acre,Deputy Mayor Cliff Evanitski, Councillors Mark Taylor,Wayne Casier and Ed Ketchabaw to sit as members of the Court of Revision; AND THAT Mayor Acre act as Chairman; AND THAT the Council Meeting be adjourned for the purpose of holding a Court of Revision pursuant to the provisions of the Drainage Act." Page 7 of 19 Council Agenda November 5,2009 CARRIED UNANIMOUSLY 1. Application 2. Declaration of Pecuniary Interest and the General Nature Thereof None 3. Staff Presentation (a) Staff Report DR2009-009 regarding No. 1 Municipal Drain. The Drainage Superintendent advised that three appeals that the assessment was to high had been received to the Drain No. 1 report. John Spriet,Engineer explained the Court of Revision appeal process only pertains to the assessed costs. He added that any reduction in one area must be offset with an increased cost to another landowner. Neighbouring properties can be compared one to another and owners who appealed in writing have the opportunity to speakto the Court regarding their appeal. 4. Public Comments (a) Robert Gregson, suggested his allocation was$40,000 and noted that he had planted all his corn on the subject property in April. He noted that the lower part of the drain is currently working,otherwise he would not have been able to do so.He noted that he would not benefit from the proposed work, suggesting that the top end is plugged and the tile had not been checked out to see the extent of any stoppage there. He confirmed there were between three and six blowouts on his property annually. Mr. Spriet advised Mr.Gregson that his cost after the grants will be $18,000.He added that there were twelve blowout holes from the railroad trail to Mr.Nagy's property.He noted that the open ditch portion ended up being tiled and empties into the pond now filled with silt. He added that it takes longer to incorporate any old tile and the pond will be bypassed.He noted that the old tile laid flat however,the proposed tile will have at least double the fall and is 1/3 bigger. Upgrading only the upstream tile will put pressure on the bottom end section and likely cause additional blowouts.He noted that Herman and Nagy are the big contributors and need the work done. Mr.Gregson commented that the proposed tile is the same level and grade as the old. Mr. Spriet suggested the fall is 14"lower at the railroad trail and there will be gravel placed under the tile. Page 8 of 19 Council Agenda November 5,2009 Dan Vandevyvere questioned how many farmers requested to have the work done and that the petitioner should pay for his$26,000 cost. Mr. Spriet corrected his cost as being about$8,700. Mathew Schafer commented that the cost to put in the drain is a lot of money and suggested open ditch and culvert were the true answer. Mrs. Vandevevere suggested that if Mr. Herman wanted the land tiled he should pay for all of it. Ms. Della Howey questioned the amount assessed to her property. It was noted that her property is contributing to both the Main and B Branch. Mr. Spriet noted that anyone can appeal to the Drainage Tribunal if not satisfied with their assessment. Questions were raised on the ability to stop the construction if it was not being done properly. Mr. Spriet advised that there is one year to appeal on construction work. 5. Council Comments and Questions (a) Deputy Mayor Evanitski questioned if it was feasible to consider an open ditch. Councillor Casier commented that this is an opportunity to get rid of unwanted water as part of the Drainage Act and others want it drained. 6. Disposition of Item 2009-536 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor C Evanitski "WHEREAS,in accordance with Section 58,Chap.D.17 of the Drainage Act,R.SO. 1990 the appeal period which allows any owner of land assessed for drainage works to appeal: • that road or land has been assessed to high or too low,or • that any land or road that should be assessed has not been assessed,or • that due consideration has not been given as to type of use of land,has expired; • THAT the Court of Revision has determined the assessment appeal for Page 9 of 19 Council Agenda November 5,2009 property owned by Giovina and Daniel Vandevyvere,being N.Pt.Lots 131, 132 Con;6,Roll#34-01-000-004-06600-0000 to be denied; • THAT the Court of Revision has determined the assessment appeal for property owned by Della L.Howey,being Pt.Lot 132,Conc.6,RP 11R435 Part 2,Roll#34-01-000-004-06601-0000 to be denied; • THAT the Court of Revision has determined the assessment appeal for property owned by Robert&Joan Gregson,being N.Pt.Lot 125,Conc.6, Roll#34-01-000-004-02800-0000 and N.Pt.Lot 126,Conc 6,Roll#34-01-000- 004-03000-0000 to be denied; THEREFORE the Court of Revision for the No. 1 Municipal Drain hereby confirms the assessments as per the Engineer Report#208321 dated September 28,2009." CARRIED UNANIMOUSLY 7. Adjournment 2009-537 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT the Court of Revision Meeting be adjourned at 9:05 p.m." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (a) Staff Report P2009-006 regarding Animal Control By-Law and Draft By-law 2009- 071. File P16 2009-538 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT Staff Report P2009-006 regarding Animal Control By-law be deferred." CARRIED UNANIMOUSLY (b) Staff Report P2009-030 regarding By-Law Enforcement Program- 2009 Third Quarter Report. File: P16 2009-539 Moved by Deputy Mayor C Evanitski Page 10 of 19 Council Agenda November 5,2009 Seconded by Councillor W Casier "THAT Staff Report 2009-030 regarding the By-law Enforcement Program 3rd Quarter Report 2009 (July—Sept)be received for information". CARRIED UNANIMOUSLY (c) Staff Report P2009-031 regarding Emergency Management Program Third Quarter Report. File: P16 2009-540 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski "THAT Staff Report P2009-0031 regarding the Emergency Management Program Third Quarter Report for 2009 be received for information". CARRIED UNANIMOUSLY (d) Staff Report P2009-032 regarding 2009 Third Quarter Report-Fire. File: P16 2009-541 Moved by Deputy Mayor C Evanitski Seconded by Councillor M Taylor "THAT Staff Report 2009-032 regarding Fire Department activities for the Third Quarter 2009(July—September) be received for information". CARRIED UNANIMOUSLY (e) Staff Report P2009-033 regarding 2009 Canine Control Services/Contract. File: L04 2009-542 Moved by Deputy Mayor C Evanitski Seconded by Councillor M Taylor "THAT Staff Report P2009-033 regarding 2010 Canine Control Services Contract be received; AND THAT Council accepts the proposal submitted by Rodger Martin for Canine Control/Pound Keeper Services; AND THAT By-law 2009-122 being a by-law to authorize the Mayor and Clerk to execute a contract agreement with Rodger Martin for Canine Control/Pound Keeper Services be presented to Council for enactment." Page 11 of 19 Council Agenda November 5, 2009 CARRIED UNANIMOUSLY (f) Staff Report P2009-034 regarding Surplus Fire Department Pumper Truck. File: P16 2009-543 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "That Staff Report P2009-034 regarding Surplus Fire Department Pumper Truck be received for information; AND THAT staff be authorized to dispose of the surplus 1984 Ford pump truck as outlined in Report P2009-034." CARRIED UNANIMOUSLY (g) Staff Memorandum regarding 2010 Budget Proposed Initiatives. File: F05 2009-544 Moved by Councillor Ketchabaw Seconded by Councillor M Taylor "THAT Memorandum regarding 2010 Budget Proposed Initiatives be received; AND THAT Council confirms increasing dog tag fees and eliminating dog licensing agent services effective January 1,2010." CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION& PERSONNEL (a) Cheque Register being Cheque#7330 to Cheque#7445 inclusive,except Cheques #7258 and#7356 totaling$983,605.49 and Payroll Disbursements for the period ending October 18,2009 totaling$50,569.32. 2009-545 Moved by Deputy Mayor C Evanitski Seconded by Councillor M Taylor "THAT Cheque Register being Cheque#7330 to Cheque#7445 inclusive, except Cheques#7258 and#7356 totaling$983,605.49 and Payroll Disbursements for the period ending October 18, 2009 totaling$50,569.32 be approved." CARRIED UNANIMOUSLY Page 12 of 19 Council Agenda November 5, 2009 (b) Staff Report F2009-43 regarding GIS/GPS Services 2009/2010. File: L04 2009-546 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski "THAT Staff Report F2009-43 regarding GIS/GPS Services 2009/2010 be received; AND THAT by-law 2009-123 being a by-law to authorize the execution of an agreement with the Township of Malahide and the Town of Aylmer for the sharing of GIS/GPS services be presented for enactment." CARRIED UNANIMOUSLY (c) Staff Report F2009-44 regarding Playground Equipment. File: F l i 2009-547 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski "THAT Staff Report F2009-44 regarding Playground Equipment be received; AND THAT Council accept the proposals for the purchase and installation of playground equipment as follows: Eden in the amount of$34,850 as submitted by Crozier Enterprises Ltd.; Straffordville in the amount of$45,163.08 as submitted by Henderson Recreational Equipment Ltd,; and Port Burwell in the amount of$48,730.36 as submitted by Play Power plus GST." CARRIED UNANIMOUSLY (d) Staff Report F2009-45 regarding Financial Report. File: F03 2009-548 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT Staff Report F2009-45 regarding Financial Report for the period ending October 31,2009 be received for information." CARRIED UNANIMOUSLY Page 13 of 19 Council Agenda November 5,2009 (e) Staff Report C2009-027 regarding Scarborough's Survey Map Restoration. File: F18/R01 2009-549 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT Staff Report C2009-027 regarding Scarborough's Survey Map Restoration be deferred." CARRIED UNANIMOUSLY (f) Correspondence from the Town of Aylmer regarding"Doors Open East Elgin". File: A16/R06 2009-550 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT correspondence from the Town of Aylmer regarding Doors Open East Elgin be received; AND THAT the Municipality of Bayham supports the 2010 registration fee in the amount of$500 for 2009 and budget of$500 in 2010 toward event costs; AND THAT the Municipality of Bayham appoints Lynn Acre to represent Bayham on the organizing committee." CARRIED UNANIMOUSLY (g) Staff Report H2009-10 regarding Employee Training Program. File: H04 2009-551 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT Staff Report 112009-10 regarding Employee Training Program be received; AND THAT the Employee Training Program as outlined in Report H2009-10 be adopted." CARRIED UNANIMOUSLY Page 14 of 19 Council Agenda November 5,2009 (h) Staff Memorandum regarding Request from Mayor Habkirk-Physician Assistance. File: C13 2009-552 Moved by Deputy Mayor C Evanitski Seconded by Councillor W Casier "THAT Staff Memorandum regarding Request from Mayor Habkirk- Physician Assistance be received; AND THAT the Council of the Municipality of Bayham supports a contribution of$250 as requested." CARRIED (i) Bayham Community Centres Committee draft minutes of meeting held October 29, 2009 and Draft By-Laws 2009-124 and 2009-125. File: C06 2009-553 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT the Bayham Community Centres Committee draft minutes of the meeting held October 29,2009 be received; AND THAT By-Law 2009-124 to amend Rates and Fees By-Law 2005-102 and By-Law 2009-125 amending Peidl Janitorial agreement for the Vienna Community Centre be presented to Council for enactment." CARRIED UNANIMOUSLY (j) Staff Memorandum C2009-13 regarding January 2010 Meeting Schedule. File: A09 2009-554 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT Memorandum regarding January 2010 Meeting Schedule be received; AND THAT the regular January 2010 Council meetings be rescheduled to allow for one meeting only on Thursday January 14,2009 at 7:00 p.m." CARRIED UNANIMOUSLY Page 15 of 19 Council Agenda November 5,2009 10. ENVIRONMENT (a) Bayham Water Distribution System Quarterly Report for the period ending September 30,2009 and Call Ins. File: E08 2009-555 Moved by Deputy Mayor C Evanitski Seconded by Councillor M Taylor "THAT the Bayham Water DistributionSystem Quarterly Report for the period ending September 30,2009 and Call Ins be received for information." CARRIED UNANIMOUSLY (b) Bayham Small Municipal Non-Residential Wells Quarterly Report for the period ending September 30,2009. File: E08 2009-556 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski "THAT the Bayham Small Municipal Non-Residential Wells Quarterly Report for the period ending September 30,2009 be received for information." CARRIED UNANIMOUSLY (c) Port Burwell Wastewater Treatment Plant Quarterly Report ending September 30, 2009 and Call Ins. File: E05 2009-557 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT the Port Burwell Wastewater Treatment Plant Quarterly Report ending September 30,2009 and Call Ins be received for information." CARRIED UNANIMOUSLY (d) Staff Report E2009-12 regarding MOE Order-Richmond Water System. File: E08 2009-558 Moved by Councillor M Taylor Page 16 of 19 Council Agenda November 5, 2009 Seconded by Councillor W Casier "THAT Staff Report E2009-12 regarding MOE Order-Richmond Water System be received for information." CARRIED UNANIMOUSLY (e) Correspondence dated October 27,2009 from Elgin Area Primary Water Supply System regarding"Notice of Water Rate Increase". File: F05/E08 2009-559 Moved by Councillor W Casier Seconded by Councillor M Taylor "THAT correspondence dated October 27,2009 from Elgin Area Primary Water Supply System regarding Notice of Water Rate Increase be received for information." CARRIED UNANIMOUSLY 2009-560 Moved by Councillor W Casier Seconded by Deputy Mayor C Evanitski "THAT in accordance with Section 12 of Procedural By-Law 2009-93, Council shall deal with business until 11 p.m. at its meeting of Nov 15,2009." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2009-561 Moved by Councillor M Taylor 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 10:50 p.m.to discuss: • personal matters about an identifiable individual,including municipal or local board employees; • litigation or potential litigation,including matters before administrative Page 17 of 19 Council Agenda November 5,2009 tribunals,affecting the municipality or local board." CARRIED UNANIMOUSLY (b) Closed Session minutes of the regular meeting of Council held September 17,2009. (c) Confidential Staff Report regarding litigation or potential litigation. (d) Confidential Memorandum regarding personal matters. (e) Confidential correspondence regarding personal matters. (f) Out of Camera 2009-562 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski "THAT the Committee of the Whole do now rise from the "In Camera" session at 11:33 p.m." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law 2009-071 A By-Law to Regulate and Control Animals-No Action (b) By-Law 2009-096 A By-Law to authorize the extecution of a Site Plan Agreement (Bonn/ETBO Tool&Die) (c) By-Law 2009-122 A By-Law to authorize the execution of an agreement(Canine Control/Pound Keeper Services) (d) By-Law 2009-123 A By-Law to authorize the execution of an agreement(GIS/GPS Services) (e) By-Law 2009-124 A By-Law to further amend By-Law 2005-102(Rates and Fees) (f) By-Law 2009-125 A By-Law to further amend By-Law 2009-024(Peidl Agreement) 2009-563 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT By-Laws 2009-096,2009-122,2009-123,2009-124 and 2009-125 be read a first,second and third time and finally passed." Page 18 of 19 Council Agenda November 5,2009 CARRIED UNANIMOUSLY (g) By-Law 2009-126 A By-Law to confirm all actions of Council 2009-564 Moved by Councillor M Taylor Seconded by Deputy Mayor C Evanitski "THAT confirming By-Law 2009-126 be read a first,second and third time and fmally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2009-565 Moved by Deputy Mayor C Evanitski Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned at 11:35 p.m." CARRIED UNANIMOUSLY kR, a C-LE. Page 19 of 19