HomeMy WebLinkAboutNovember 19, 2009 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
Thursday,November 19,2009
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,November
19,2009 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 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
None
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held November 5,2009.
2009-566
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the minutes of the regular meeting held November 5,2009 be
approved as circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
2009-567
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,Elgin
County Correspondence dated October 12,2009 requesting an appointee to
the "Elgin Offerings" sub-committee for the 2010 I.P.M.be added to the
agenda as items 9(c)."
CARRIED UNANIMOUSLY
Page 1 of 9
Council Minutes November 19,2009
4. DELEGATIONS
(a) 7:05 p.m. - Harris Teall regarding Estherville Cemetery
Harris Teall asked several questions in regard to the property abutting the
Estherville Cemetery. He questioned why no notice was given that a factory would
be built on the property,why the building was permitted on a property that is too
small, and why a 15 foot setback was not done for the archeological assessment
carried out.He stated that the assessment was not needed as the contractor on site
could have advised no burials existed.
Staff and Council advised the building was in compliance with the various
requirements, including property setbacks. It was noted that public notice is not
required for building permits,but would be for items such as a zoning amendments
or applications for severance. It was also noted that the archeological assessment
was done in cooperation with the property owner for the footprint of the building,
as a precaution to ensure no burials existed in that area. It was also noted that the
assessment was needed from a qualified archeologist.
(b) 7:15 p.m. - Wanda Hoshal regarding Estherville Cemetery
Mrs. Hoshal asked whether Council will act to utilize the Boundaries Act to start
the process to determine where the property boundaries are? She suggested that
the Ministry of Transportation would be responsible for the costs.
(c) Matthew Redsell regarding Animal Control By-Law
In regard to the Animal Control By-law,Matthew Redsell spoke in favour of
keeping two female chickens in the village/hamlet backyards per household as a
source of a safe,healthy and inexpensive source of protein.
(d) Beverley Wagar regarding Animal Control By-Law
Beverley Wagar,regarding the Animal Control By-law, spoke in support of food
security and benefits of the use of backyard hens in urban areas of the municipality.
(e) Sean Hurley regarding Animal Control By-Law
Sean Hurley questioned the validity of concerns raised regarding animal control
complaints. He commented that hens are quiet,do not attract vermin nor negatively
impact property values.He suggested the keeping of backyard chickens does not
create issues in regard to health safety.Mr.Hurley also suggested an advisory
committee be set up to conduct public meetings,obtain expert advice and make
recommendations regarding the animal control by-law,specifically the keeping of
animals regarded as livestock or exotic pets.
In addition,he requested that`natural"gardens be defined and supported.
(f) Jean Woon regarding Animal Control By-Law
Jean Woon also spoke in regard to the animal control by-law requirements. She
commented that female fowl are quiet and that droppings can be used as natural
fertilizer. She noted that the keeping of the number of Class 4 birds was increased
Page 2 of 9
Council Minutes November 19,2009
and suggested health issues were a concern. She requested consideration of a
reduction in the number of pigeons permitted.
5. INFORMATION ITEMS
(a) Copy of resolution passed October 7,2009 by the County of Lambton regarding
"Lambton County Council- Supports Moratorium on Major Health Care
Restructuring".
File: C10
(b) Copy of resolution passed by the City of Ottawa regarding"default speed limits".
File: C 10
(c) Correspondence dated November 3 and 6,2009 from Association of Municipalities
of Ontario regarding"Consultation on Blue Box Changes",Good Government Bill
Contains Minor Changes for Municipalities"and"Presumptive Legislation for
Volunteer and Part-time Firefighters".
File: A01
(d) Bayham Historical Society draft minutes of meeting held October 8,2009.
File: C06
(e) Museums Bayham draft minutes of meeting held November 11,2009.
File: C06
(f) Elgin County OPP Media Release dated November 13,2009 regarding"2009
Safegrad Workshop".
File: P17
(g) Invitation from the County of Elgin regarding"Elgin County Ambassador Program".
File: A16
(h) Media Release dated November 4,2009 from South Central Ontario Region
(SCOR)regarding"Sand Plains Community Development Fund"and"SCOR
Partners Adopt Strategic Management Plan".
File: M07
Staff was requested to report back on eligible projects of a regional nature.
(i) Correspondence dated November 5,2009 from Long Point Region Connservation
Authority regarding"Long Point Region High Water Use Designation".
File: A16
(j) Elgin County Council minutes of meeting held September 15,2009. (brought
forward from November 5,2009)
File: Al6
Page 3 of 9
Council Minutes November 19, 2009
2009-568
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT information items 5(a)through 5(j) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
(a) Staff Report D2009-42 regarding Max Underhill Farm Supply Site Plan Agreement.
File: D11.UNDERHILL
2009-569
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report D2009-41 regarding Max Underhill Farm Supply Site
Plan Agreement be received;
AND THAT By-Law 2009-127,being a By-Law to authorize the execution of
a Site Plan Agreement with Max Underhill Farm Supply Limited and the
Municipality of Bayham be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE&DRAINAGE
(a) Staff Report PW2009-24 regarding Ontario Tire Stewardship.
File: E07
2009-570
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report PW2009-24 regarding Ontario Tire Stewardship be
received for information."
CARRIED UNANIMOUSLY
(b) Event Road Closure Request Form from Port Burwell Otter Valley Optimist Club
regarding Port Burwell Santa Claus Parade.
File: R09
2009-571
Page 4 of 9
Council Minutes November 19,2009
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council of the Municipality of Bayham approves the use of
streets within Port Burwell for a Santa Claus Parade to be held Saturday
December 5,2009 at 6:30 p.m.,subject to the Optimist Club of Ottervalley
providing proof of liability insurance coverage;
THAT the County of Elgin be requested for permission to use Wellington
Street in Port Burwell between 6:30 and 8:00 p.m.for the parade;
AND THAT the Bayham Manager of Public Works be directed to provide
the necessary provisions for traffic control and safety."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Building Permit Report for the month ending October 31, 2009.
File: P10
2009-572
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Building Permit Report for the month ending October 31,2009 be
received for information."
CARRIED UNANIMOUSLY
(b) Staff Report P2009-006 regarding Animal Control By-law. (deferred from
November 5,2009)
File: P16
2009-573
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT Staff Report P2009-006 regarding Animal Control By-Law be
deferred."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
Page 5 of 9
Council Minutes November 19,2009
(a) Cheque Register being Cheque#7446 to Cheque#7521 inclusive, except Cheques
#7442 totaling$444,982.80. Payroll Disbursements not available at this time.
2009-574
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Cheque Register being Cheque#7446 to Cheque#7521 inclusive,
except Cheque#7442 totaling$444,982.80 be approved."
CARRIED UNANIMOUSLY
(b) Straffordville Cemetery Board minutes of meeting held November 10, 2009 and
By-Law 2009-129 being a By-Law to further amend By-Law 2009-006
(appointing members to boards and committees).
File: C06
2009-575
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Straffordville Cemetery Board minutes of meeting held November
10,2009 be received;
AND THAT amending By-Law 2009-129,being a By-Law to appoint
members to Boards and Committees of the Municipality be presented to
Council for enactment."
CARRIED UNANIMOUSLY
(c) Correspondence dated October 12,2009 from the County of Elgin requesting an
appointee to the "Elgin Offerings"sub-committee for the 2010 International Plowing
Match. File: A16
2009-576
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council of the Municipality of Bayham hereby appoints a
municipal staff person to the 2010 I.P.M. "Elgin Offerings" sub-
committee."
CARRIED UNANIMOUSLY
Page 6 of 9
Council Minutes November 19,2009
10. ENVIRONMENT
(a) Staff Report E2009-13 regarding Response to MOE Order- Richmond Water
System.
File: E08
Not available
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2009-577
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 8:45 p.m.to discuss:
• labour relations or employee negotiations;
• litigation or potential litigation,including matters before
administrative tribunals,affecting the municipality or local board;
• 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 November 5,2009.
(c) Confidential Staff Report regarding litigation or potential litigation.
(d) Confidential correspondence regarding advice that is solicitor-client privilege.
(e) Confidential verbal report regarding labour relations.
(I) Out of Camera.
2009-578
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 9:41 p.m."
CARRIED UNANIMOUSLY
Page 7 of 9
Council Minutes November 19,2009
2009-579
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report P2009-035 regarding Enforcement Matter be
received;
AND THAT staff be directed to develop and propose a by-law to enhance
the BLEO authority for inspection powers."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2009-071 A By-Law to Regulate and Control Animals(deferred from
November 5,2009)
(b) By-Law 2009-127 A By-Law to authorize the execution of a site plan agreement
(Max Underhill's Farm Supply Limited)
(c) By-Law 2009-129 A By-Law to further amend By-Law 2009-006(appointing
members to boards and committees)
2009-580
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Laws 2009-127 and 2009-129 be read a first, second and third
time and finally passed."
CARRIED UNANIMOUSLY
(d) By-Law 2009-130 A By-Law to confirm all actions of Council
2009-581
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2009-130 be read a first,second and third time
and finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
Page 8 of 9
Council Minutes November 19, 2009
(a) Adjournment
2009-582
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council meeting be adjourned at 9:45 p.m."
CARRIED UNANIMOUSLY
CLERK
Page 9 of 9