HomeMy WebLinkAboutDecember 03, 2009 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday,December 3,2009
7:00 p.m.
7:30 p.m. Public Meeting-Planning(Zoning)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
December 3,2009 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/Drainage
Superintendent Bill Knifton and Fire Chief 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) Added Item
2009-583
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
confidential correspondence regarding a legal matter be added to the
agenda as items 11(e)."
CARRIED UNANIMOUSLY
(b) Minutes of the regular meeting of Council held November 19,2009.
2009-584
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held November 19,2009 be
approved as circulated."
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Council Minutes December 3,2009
CARRIED UNANIMOUSLY
4. DELEGATIONS
(a) 7:10 p.m.- Harris Tea11 regarding Estherville Cemetery
Harris Teall requested clarification on his previous questions regard the property
abutting the Estherville Cemetery.
Staff confirmed the Csinos' building was in compliance with the various
requirements,including property setbacks.Public notice is not required for building
permits,but would be for zoning amendments or applications for severance.It was
confirmed 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. Such an assessment was required from a qualified
archeologist.It was confirmed that no building construction was being undertaken
while the stop work order was in place and the assessment was being conducted.
(b) 7:20 p.m. - Wanda Hoshal regarding Estherville Cemetery
Mrs.Hoshal confirmed the offer of documents to the Municipality for
reproduction. It was suggested that a survey would involve minimal costs and would
address the property boundaries issues. She agreed that the Official Plan Review
identifies that the government(Ministry of Culture)wants to identify and preserve
local cemetery heritage and encourage respect for the dead.
5. INFORMATION ITEMS
(a) Copy of resolution passed by the Township of Madawaska Valley regarding"Bill
187".
File: C10
(b) Copy of resolution passed November 25,2009 by the Township of Madawaska
Valley regarding"Safe Drinking Water Act".
File: C10
(c) Copy of resolution passed November 10,2009 by the City of London regarding
"Climate Change".
File: C10
(d) Correspondence dated November 24,2009 from McNabBraeside Disaster Relief
Committee regarding"request for assistance to address a disaster".
File: C13
(e) Correspondence dated November 24,26 and 27,2009 from the Association of
Municipalities of Ontario regarding"Second Application Period for 2009-10
Ontario Drinking Water Stewardship Program is now open", "Proposed Organics
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Council Minutes December 3,2009
Guidelines", "Advocacy for OMPF and OMPF Mitigation Funding for 2010" and
"FedDev Ontario Applications Due December 1st".
File: A01
(f) Bayham Joint Cemetery Board draft minutes of meeting held November 24, 2009.
File: C06
(g) Correspondence dated November 2009 from Ministry of Citizenship and
Immigration regarding "Volunteer Recognition Programs for 2010".
File: A16
(h) Copy of letter dated November 24,2009 from City of St. Catharines to Prime
Minister Stephen Harper regarding"Private Members Bill requesting the Royal
Canadian Legion be exempt from GST on purchases of red lapel poppies".
File: A16
(i) Correspondence dated November 20,2009 from AECOM Canada Ltd.regarding
"Township of Malahide,Village of Springfield Water Supply Municipal Class
Environmental Assessment: Notice of Study Commencement".
File: A16
(j) Correspondence received November 25,2009 from Minister of Citizenship,
Immigration and Multiculturalism regarding"Paul Yuzyk Award for Multiculturalism".
File: A16
(k) Correspondence dated November 24, 2009 from Federation of Canadian
Municipalities regarding "Municipal Leadership on Climate Change Action".
File: A16
(1) 2009 Third Quarter Performance Report from One-the Public Sector Group of
Funds".
File: F12
(m) Correspondence dated November 6,2009 from Ontario Heritage Trust regarding
"Ontario's Places of Worship".
File: ROl
(n) Correspondence from Ontario Ministry of the Environment Waste Management
Policy Branch regarding "Invitation to a Municipal Stakeholder Consultation".
File: A04
(o) Email correspondence dated November 18,2009 from Marion Rogers regarding
"Chickens in Bayham".
File: P16
(p) Correspondence received November 19,2009 from Ron Allensen regarding
"Chickens in Bayham".
File: P16
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Council Minutes December 3, 2009
(q) Correspondence dated November 28, 2009 from B.W. Carlyle regarding "Pilgrims
of Estherville".
File: S09
2009-585
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT information items 5(a)through 5(q)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION&TOURISM
1. Correspondence and Reports
2. PUBLIC MEETING
2009-586
Moved by Councillor M Taylor
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
1. Public Meeting
(a) 7:30 p.m. Official Plan 5 Year Review. To present for adoption the final
draft of the amended Official Plan for submission to the Ministry of
Municipal Affairs&Housing for approval.
File: D08
2. Declaration of Pecuniary Interest and the General Nature Thereof
3. Staff Presentation
(a) Staff Report D2009-43 regarding Official Plan 5 Year Review
Review was presented by the Planning Co-ordinator. She advised that
many changes had been proposed to the document and that staff would
have an amended final copy with changes incorporated for approval at the
December 17th meeting. This would then be forwarded to the Ministry of
Municipal Affairs and Housing for final approval.
Derek Dudek,IBI Planning Consultant noted that the MMAH had recently
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Council Minutes December 3, 2009
requested changes based on the recently adopted Green Energy Act and
Regulation 359/09,which now exempt renewable energy projects from
Planning Act approvals.
1. He advised of no issue with the request to modify the policies and make
suggested changes in section 5.3.3.
2. MMAH requessted changes to the map schedules to place "Mineral
Aggregate Resource Areas" and "Natural Gas Reservoirs" on the
constraints mapping for clarification purposes are supported.
3. MMAH has accepted planning justification for proposed "Hamlets"
boundary reorganization,however,still requests that any areas proposed to
be added to the "Hamlets"boundary reorganization,however,still requests
that any areas proposed to be added to the "Hamlets"be re-directed to
fully serviced areas instead(ie. Vienna,Port Burwell).
This is not supported as changes are minor and capture the spirit and intent
of the Official Plan to allow for limited amounts of infilling in un-serviced
hamlets on private systems.
4. Chateau Wyndemere still to be included,subject to conditions that will
satisfy the Ministry in regard to servicing/access to lands,MNR natural
heritage and Ministry of Culture re archaeological assessment.
Pros and cons of the removal of Section 2.1.7.1 d)regarding criteria for
more than one severance of a surplus farm dwelling was discussed in terms
of land use compatibility,potential for conflict and limitation to not more
than one per farm property.
4. Public Comments
Matthew Redsell suggested minimum farm size be reduced to a minimum of 50
acres. He noted there is limited opportunity to combine farm business with small
scale industrial or renewable energy projects in Port Burwell. He suggested
accessory buildings be combined for home use and small contract opportunities.
Laverne Kirkness thanked Council for their positive support for the Chateau
Wyndemere development under Section 3.33. He noted that material has been
submitted to MNR for review and that a servicing option report has been done,
however not yet submitted. He added that this project would include$20 to $30
million in private investment.
5. Council Comments and Questions
Councillor Taylor questioned the accuracy of teh road allowance mapping.
Page 5 of 15
Council Minutes December 3, 2009
The planner stated that the accuracy was a ratio of 1:75000 and that the mapping
was obtained from Ontario Mapping GIS,which is expected to be incorporated
into the Municipal GIS system at a future date.
Councillor Ketchabaw acknowledged he did not support the inclusion of Section
2.1.7.1 d),which limits the number of surplus dwellings to one through consent.
The planner assured him that an owner has the option to pursue an Official Plan
Amendment to this section should the owner wish to apply for an additional surplus
farm dwelling through consent.
6. Adjournment
2009-587
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT the Public Meeting be adjourned at 8:03 p.m."
CARRIED UNANIMOUSLY
7. Disposition of Item
2009-588
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report D2009-43 regarding the Five-Year Official Plan
Amendment be received;
AND THAT the final draft of the Five-Year Review of the Official Plan as
amended,pursuant to the memorandum dated December 3,2009 be adopted
and the appropriate by-law be prepared for Council consideration."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE&DRAINAGE
(a) Staff Report DR2009-010 regarding Petition for Drainage from Clayton Watters,
Elgin County.
File: E09
It was suggested that this drain is currently running at capacity and is subject to
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Council Minutes December 3, 2009
blowouts.
2009-589
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council of the Municipality of Bayham acknowledges the filing with
the Clerk of the Petition for drainage works by Clayton Watters P.Eng.
Elgin County on November 20,2009;
AND THAT Staff Report DR2009-010 regarding the petition for drainage
and for drainage improvement be received.
AND THAT Council wishes to proceed with this matter and appoints Spriets
Associates,Engineers,to prepare a preliminary report on the proposed
drainage area,pursuant to Section 5 of the Drainage Act, for Council's
consideration. "
CARRIED UNANIMOUSLY
(b) Notice of Appeal to the Drainage Tribunal regarding the "Decision of the Court of
Revision for Municipal Drain No. 1".
File: E09
2009-590
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Notice of Appeal to the Drainage Tribunal regarding the
Decision of the Court of Revision for Municipal Drain No. 1 be received;
AND THAT the Clerk be directed to forward the appeal to the Drainage
Tribunal for consideration."
CARRIED UNANIMOUSLY
(c) Staff Report PR2009-19 regarding Road Closure Application- Concession 5 and
South Gore.
File: T09
The Administrator advised that Government of Canada correspondence had been
received and no objections were reported. He added that,due to concerns from the
neighbouring land owner,Mr. Walker has agreed to abandon the request to close
the road allowance on the west side of Richmond Road and proceed only with his
request for closure on the easterly side.
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Council Minutes December 3,2009
There were no public questions or comments.
Councillor Taylor noted his opposition to decisions made based on
assessment mapping not necessarily being correct.
2009-591
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report PR2009-19 regarding Road Closure Application-
Concession 5 and South Gore be received;
AND THAT By-Law 2009-134,being a by-law to stop up,close and convey
part of the road allowance between Concession 5 and Concession South
Gore in Lots 1,2,and 3, be presented to Council for first reading."
CARRIED
8. PROPERTY,BUILDING&PROTECTIVE SERVICES
(a) Staff Report P2009-036 regarding Dog License Fee Review.
File: P14
2009-592
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT Staff Report P2009-036 regarding Dog License Fee Review be
received;
AND THAT Draft By-Law 2009-136,being a by-law to amend by-law 2009-
059 to Regulate and Control Dogs be presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report H2009-011 regarding Fire Service Health and Safety Policy.
File: A09
2009-593
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report H2009-011 regarding the Municipal Fire Service
Health&Safety Policy be received;
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Council Minutes December 3,2009
AND THAT the Council of the Municipality of Bayham approves the
Municipal Fire Service Health and Safety Policy Statement as presented."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheque#7522 to Cheque#7611 inclusive,except.Cheques
#7499 and#7601 totaling$780,505.69 and Payroll Disbursements for the period
ending November 1 and November 15,2009 totaling$51,028.11 and$47,134.41
respectively.
2009-594
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT Cheque Register being Cheque#7522 to Cheque#7611 inclusive,
except Cheques#7499 and#7601 totaling$780,505.69 and Payroll
Disbursements for the period ending November 1 and November 15,2009
totaling$51,028.11 and$47,134.41 respectively be approved."
CARRIED UNANIMOUSLY
(b) Request received from Valerie Donnell for use of the municipal sign regarding
"Caroling in the Vienna Park".
File: C13
2009-595
Moved by Councillor W Casier
Seconded by Councillor M Taylor
"THAT the correspondence from Valerie Donnell requesting use of the
Municipal sign be receved;
AND THAT Council grants permission to use the sign as requested,subject
to Municipal needs."
CARRIED UNANIMOUSLY
(c) Correspondence dated November 24,2009 from Township of Southwold
regarding "International Plowing Match 2010-Beautification Challenge".
File: A16
2009-596
Page 9 of 15
Council Minutes December 3,2009
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the correspondence from Township of Southwold regarding
International Plowing Match 2010-Beautification Challenge be received."
CARRIED UNANIMOUSLY
(d) Staff Report C2009-028 regarding Reappointment of Closed Meeting Investigator.
File: A09
2009-597
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report C2009-028 regarding Reappointment of Closed
Meeting Investigator be received;
AND THAT Mr. John Maddox(JGM Consulting)be reappointed as Closed
Meeting Investigator for the Municipality of Bayham for a further two-year
term(2010,2011) and that By-law 2009-132,being a by-law to reappoint
JGM Consulting be presented to Council for enactment."
CARRIED
(e) Staff Report C2009-29 regarding Harbourfront Committee Terms of Reference.
File: C00
It was agreed that the committee size be amended to a maximum of 7 members.
2009-598
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report C2009-29 regarding Harbourfront Committee Terms
of Reference be received;
AND THAT By-law 2009-133,as amended,being a by-law to establish the
Bayham Harbourfront Committee be presented to Council for enactment."
CARRIED NOT UNANIMOUSLY
(f) Staff Report C2009-030 regarding Edison Museum Furnace Breakdown.
File: A20
Page 10 of 15
Council Minutes December 3, 2009
2009-599
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"THAT Staff Report C2009-030 regarding Edison Museum Furnace
Breakdown be received;
AND THAT Council approves the purchase and installation of a new Luxair
gas fired furnace,including removal and disposal of the old unit from Randy
Laur Burner Service at a cost of$2,715 plus GST as quoted,subject to proof
of liability insurance coverage naming the Municipality as an additional
insured and a Clearance Certificate from WSIB."
CARRIED UNANIMOUSLY
(g) Draft By-Law 2009-131 being a By-Law to appoint Municipal Officers and
Employees.
2009-600
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Law 2009-131,being a by-law to appoint officers and employees
for the Municipality of Bayham be presented to Council for enactment."
CARRIED UNANIMOUSLY
(h) Staff Memorandum regarding Potential Working Group-Natural Gardens and
Animal Control Issues.
File: P14
2009-601
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Memorandum regarding Potential Working Group-Natural
Gardens and Animal Control Issues be received;
AND THAT a Natural Gardens and Animal Control Advisory Group be
established as per the suggestions outlined in the Staff Memorandum."
CARRIED UNANIMOUSLY
(i) Staff Memorandum regarding Boundaries Act Legal Input.
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Council Minutes December 3, 2009
File: L08
It was suggested that an investigative survey would cost between$1,500 and
$2,000.It was agreed that a meeting be set up with the Estherville group to identify
any benefits of undertaking an investigative survey or Boundaries Act involvement.
2009-602
Moved by Councillor M Taylor
Seconded by Councillor E Ketchabaw
"THAT Staff Memorandum regarding Boundaries Act Legal Input be
received."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Staff Report E2009-13 regarding Response to MOE Order- Richmond Water
System.
File: E08
It was noted that the response deadline has now been delayed until Monday
December 14th
2009-603
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report E2009-13 regarding Response to MOE Order-
Richmond Water System be received;
AND THAT Council retain Stantec Consulting for assistance to finalize
response to the MOE and prepare detailed plan for improvements
respecting the Richmond Community Water System;
AND THAT staff be authorized to complete a response as outlined in Option
#2 report E2009-13."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2009-605
Page 12 of 15
Council Minutes December 3, 2009
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 9:30 p.m. to discuss:
• a proposed or pending acquisition or disposition of land by 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 19, 2009.
(c) Confidential Report regarding a proposed or pending acquisition or disposition of
land by the municipality.
(d) Confidential correspondence regarding advice that is subject to solicitor-client
privilege.
(e) Confidential correspondence regarding advice that is subject to solicitor-client
privilege.
(f) Out of Camera.
2009-606
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 9:55 p.m."
CARRIED UNANIMOUSLY
2009-607
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Confidential Staff Report F2009-46 regarding Tax Sale be received;
AND THAT Council receive for information the Phase II Environmental
Assessment on the property located at 6220 Plank Road,Vienna as
prepared by Trow Associates Inc."
CARRIED UNANIMOUSLY
Page 13 of 15
Council Minutes December 3, 2009
12. BY-LAWS
(a) By-Law 2009-132 A By-Law to reappoint Closed Meeting Investigator(JGM
Consulting)
(b) By-Law 2009-133 A By-Law to establish the Bayham Harbourfront Committee
(c) By-Law 2009-134 A By-Law to Stop Up,Close and Convey part of an
unopened road allowance
(d) By-Law 2009-135 A By-Law to adopt the Official Plan, as amended, of the
Municipality of Bayham
(e) By-Law 2009-136 A By-Law to amend By-Law 2009-059(to Regulate and
Contol Dogs)
2009-608
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT By-Law 2009-134 be read a first time;
AND THAT By-Laws 2009-132,2009-133 and 2009-136 be read a first,
second and third time and finally passed."
CARRIED UNANIMOUSLY
(f) By-Law 2009-137 A By-Law to confirm all actions of Council
2009-609
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT confirming By-Law 2009-137 be read a first,second and third time
and finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2009-610
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
Page 14 of 15
Council Minutes December 3, 2009
"THAT the Council meeting be adjourned at 10:00 p.m."
CARRIED UNANIMOUSLY
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MAYO R CLERK
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