HomeMy WebLinkAboutFebruary 21, 2008 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday February 21,2008
7:00 p.m.
6:30 p.m. Committee of Adjustment (Green)
8:00 p.m. - Public Meeting—Drainage (Richmond Outlet Drain)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
February 21, 2008 in 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.
Fire Chief/Emergency Management/By-Law Enforcement Officer Paul Groeneveld, Chief
Building Official/Drainage Superintendent Bill Knifton, Acting Public Works Superintendent
Ed Bradfield and Planning Co-ordinator Margaret Underhill 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
• Lynn Acre declared a conflict of interest in 7.2(a) as she is an owner of property
assessed to the Drain.
■ Cliff Evanitski declared a conflict of interest in 9.1(b) as he is an employee of the
LPRCA.
3. APPROVAL OF MINUTES
Minutes of the regular meeting of Council held February 7, 2008.
Minutes of the Budget meeting held February 12, 2008
2008-098 Moved by C Evanitski
Seconded by M Taylor
"THAT the minutes of the regular meeting of Council held February 7,2008 be
approved, as amended to remove resolutions adopting closed session minutes of
January 17,2008 and receiving for information Community Centres January 24,
2008 closed session minutes."
Disposition: Motion Carried Unanimously
Council Minutes - 5 - February 21, 2008
2008-099 Moved by M Taylor
Seconded by C Evanitski
"THAT the minutes of the Budget meeting of Council held February 12,2008 be
approved as circulated."
Disposition: Motion Carried Unanimously
ADDED ITEMS
2008-100 Moved by M Taylor
Seconded by W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
correspondence dated February 18, 2008 from the Skate Board Park/Concerned
Citizens Group (Vienna), be added to the agenda as item 6.1(e)."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
7:05 p.m. —David Roe, Planning Consultant was in attendance regarding a severance
proposal to create lots in the Hamlet of Eden by John and Paul Stewart.
Mr. Roe commented that approval through a plan of subdivision by the Ministry
of Municipal Affairs, Housing and Rural Affairs is unlikely as full servicing is not
available. He suggested that the preference would be applications through the
Land Division Committee consent process. He requested that comments be
passed to him through staff, adding that he acknowledged that servicing, and
surface water drainage are concerns and that they will provide further engineering
information when available.
Item 6.1(c)
5. INFORMATION ITEMS
2008-101 Moved by C Evanitski
Seconded by M Taylor
"THAT information items 5(a) through 5(g) be received for information."
Disposition: Motion Carried Unanimously
(a) Approved minutes of the Long Point Region Conservation Authority—Full Authority
meeting held December 5 2007.
File: C06
Council Minutes - 53 - February 21, 2008
(b) Correspondence received February 12, 2008 from David Miller, Mayor of Toronto
regarding Earth Hour March 29, 2008.
File: A16
(c) Correspondence dated February 8,2008 from the Association of Municipalities of
Ontario regarding"Canada and Ontario Announce Call for Proposals on Local
Immigration Partnerships".
File: A01
(d) Correspondence and newsletter received February 6, 2008 from Operation Clean Sweep
regarding"2008 Operation: Clean Sweep Campaign/PITCH-IN week,April 21 —27".
File: A01
(e) Bayham Historical Society minutes of the meeting held January 10, 2008
File: C06
(f) News Release dated February 13, 2008 from Ministry of Municipal Affairs and Housing
regarding"Province to Consult on Fire Sprinklers".
File: M06
(g) Correspondence dated February 12, 2008 from Ministry of Community Safety and
Correctional Services regarding"Emergency Planning and Management".
File: A16
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Ian almond, Chairman, Bayham Tourism&Community Marketing Committee
2007 Report to Council regarding Erie Shores Wind Farm Interpretive Centre.
File: C l i
2008-102 Moved by M Taylor
Seconded by C Evanitski
"THAT the Bayham Tourism& Community Marketing Committee 2007 Report to
Council regarding Erie Shores Wind Farm Interpretive Centre be received for
information."
Disposition: Motion Carried Unanimously
(b) Correspondence dated February 13, 2008 received from County of Elgin
regarding"IGPC Ethanol Plant in the Town of Aylmer".
File: A16
Council Minutes - 5$1- February 21, 2008
2008-103 Moved by M Taylor
Seconded by C Evanitski
"THAT the correspondence dated February 13, 2008 from the County of Elgin be
received;
AND THAT the Council of the Municipality of Bayham hereby supports the request
to endorse the brief to the Ministers of Energy and Agriculture, Food and Rural
Affairs respecting the proposed IGPC Ethanol Plant in the Town of Aylmer, County
of Elgin."
Disposition: Motion Carried Unanimously
(c) Staff Report D2008-012 regarding Stewart Proposed Severances—Eden.
File: D10
2008-104 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Staff Report D2008-012 regarding Stewart Proposed Severances—Eden be
received."
Disposition: Motion Carried Unanimously
(d) Staff Report D2008-010 regarding Harms Development Agreement.
File: L04
2008-105 Moved by C Evanitski
Seconded by W Casier
"THAT Staff Report D2008-010 be received;
AND THAT By-law No.2008-027, being a By-law to authorize the execution of a
Development Agreement for the extension of the water main and installation of a
storm sewer system along Union Street,in the Village of Vienna, between Bernhard
and Sara Harms and the Municipality, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(e) Correspondence dated February 18, 2008 from Skate Board Park/Concerned Citizens
Group regarding"Recent Potential Disaster/Bayham Sewers Threatened".
File: C13
Council Minutes - 51f- February 21, 2008
2008-106 Moved by E Ketchabaw
Seconded by W Casier
"THAT the correspondence dated February 18, 2008 from the Skate Board
Park/Concerned Citizens Group (Vienna) regarding recent flooding/sewers media
articles be received for information."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
(a) Staff Report DR2008-008 regarding Centre Street Municipal Drain—Petition
filed.
File: E09
2008-107 Moved by W Casier
Seconded by C Evanitski
"THAT Staff Report DR2008-008 be received;
THAT Council of the Municipality of Bayham acknowledges the filing with
the Clerk of the Petition for the drainage works for the Centre Street
Municipal Drain in Vienna,Municipality of Bayham;
THAT Council wishes to proceed with this matter and appoints Cyril J.
Demeyere Ltd., Engineers, to prepare a preliminary report on the proposed
drainage area,pursuant to Section 5 of the Drainage Act, for Council's
consideration;
AND THAT Staff be directed to mail Notices for the "On-Site Meeting" to be
held with the engineers,to all persons assessed to this drainage works, and in
accordance with the Drainage Act".
Disposition: Motion Carried Unanimously
(b) Staff Report DR2008-007 regarding Eden Municipal Drain—West Branch,
Extension"A".
File: E09
Council Minutes - 56- February 21, 2008
2008-108 Moved by C Evanitski
Seconded by W Casier
"THAT Staff Report DR2008-007 be received;
AND THAT the Council of the Municipality of Bayham hereby extends the period
for filing of a report for the Eden Municipal Drain,West Branch, Extension"A", by
the Engineer, Spriet Associates,for a further six (6) month period,namely on or
before June 12,2008."
Disposition: Motion Carried Unanimously
(c) Staff Report F2008-10 regarding Road Grader.
File: F05
2008-109 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Staff Report F2008-10 be received;
AND THAT staff be directed to repair the 1987 Champion grader as identified in
Option 1 being, replacement of the head gasket and turbo and having the head
tested for cracks, at the approximate cost of$4,000."
Disposition: Motion Carried Unanimously
2008-110 Moved by W Casier
Seconded by M Taylor
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Drainage Act."
Disposition: Motion Carried
2. PUBLIC MEETING
1.(a) 8:00 p.m. —Richmond Outlet Drain—to consider Spriet Associates Engineer's
Report#205207 dated December 31, 2007
File: E09
2. Declaration of Pecuniary Interest and the General Nature Thereof
Mayor Lynn Acre vacated the chair declaring a conflict of interest, as she is an owner of
property assessed to the Drain.
Council Minutes - 5$- February 21, 2008
Deputy Mayor Cliff Evanitski assumed the chair and called the Public Meeting to
order.
Mayor Lynn Acre did not vote on this matter and re-assumed the chair following
the disposition of this item.
3. Staff Presentation: Staff Report DR2008-009 was presented by Chief Building
Official/Drainage Superintendent Bill Knifton. Engineer John Spriet presented
the Engineer's Report#205207.
Mr. Spriet explained the public meeting process, noting that several properties in
Richmond are affected by the drain that was initiated by the County of Elgin
Engineer through a stand alone petition. He added that first and second reading of
the provisional by-law by Council,prepares the way for a Court of Revision, to be
held at a later date, to address any concerns by the public regarding their
assessments.
4. Public Comments
Mrs. Sue Ward, (property roll#007-100) submitted a letter and pictures regarding
concerns of she and her husband. She commented that water from other
properties ponds on their property and doesn't leave or end up in the Richmond
Road drain. She suggested that it is not appropriate that their property be included
on the assessment schedule.
Mr. Spriet agreed that water from the ball diamond being(roll#007-098) and—
property roll #s 007-099, 007-101 and 007-111 should enter the catch basin on
Church Street to enter the drain at Richmond Road. Drainage must be designed
for the area as there is no other place for that water to go.
Mrs. Inis Gibbons (property roll#007-029-10) suggested that water from the new
lots created on the west side of Richmond Road do not enter the drain.
Mr. Spriet noted that when the final grading is completed on the new lots with
new houses, the water will flow into the Richmond Road drain.
Mr. Carroll(property roll#007-115-06) questioned whether John Street is
drained well.
Mr. Spriet responded that the drain runs all along Richmond Road and can be
extended at some future time. He added that the original 1979 outlet to the drain
needs to be corrected to address the piped water coming to the ravine.
Mr. Max Ward questioned how the water ponding on his lot will get away.
Council Minutes - February 21, 2008
Mr. Spriet responded that at the expense of the property owner and those whose
property drains into it, works could be undertaken to direct the water to the catch
basin at the corner of Richmond Road and Church Street.
Mrs. Gibbons commented that the road allowance is not deep enough to permit
the water to flow to the catchbasin at Richmond Road.
J Spriet advised there is an existing shallow catchbasin on Church Street which is
connected to the drain on Richmond Road. A small tile could be taken from this
catchbasin to the low area on Ward's property.
He added that when the ground is frozen the water will pond. When the ground
thaws it soaks away.
T.Morse (roll#007-110-01) questioned how the maintenance costs were assessed.
J. Spriet responded maintenance is based on a scale in proportion to the
construction costs assessment,based on land area. It was noted that the
Richmond cemetery, assessed at .2% is the responsibility of the Municipality,
noting a lower runoff factor for a cemetery than a residential lot. He added that
houses are assessed at 50%more than farmland(residential vs agricultural
properties.
J Spriet reminded everyone that the Court of Revision is an appeal process held
for consideration of assessment concerns should anyone feel they have been
assessed too high.
Mrs. L. Acre questioned whether the cost of the construction is applied to the
property tax bill, to which Mr. Spriet responded yes.
5. Council Comments and Questions None
6. Adjournment
2008-111 Moved by M Taylor
Seconded by W Casier
"THAT the Public Meeting be adjourned at 8:27 p.m."
Disposition: Motion Carried
7. Disposition of Item
Council Minutes - 5g- February 21, 2008
2008-112 Moved by E Ketchabaw
Seconded by M Taylor
"THAT Staff Report DR2008-009 be received;
AND THAT in accordance with Sections 44 to 46 of the Drainage Act,
Council of the Corporation of the Municipality of Bayham hereby adopts
Spriet Associates Report#205207 dated December 31,2007, referred to as
the "Richmond Outlet Drain" report;
AND THAT Provisional By-law#2008- 023 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 March 20, 2008 at 8:00 p.m. be set for the first sitting of the
Court of Revision".
Disposition: Motion Carried
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORTS
(a) Staff Report P2008-001 regarding Fire Department 2007 4th Quarter/Annual
Report.
File: P16
2008-113 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report P2008-001 regarding the Fire Department Annual Report be
received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report P2008-002 regarding By-Law Enforcement Program 2007 Fourth Quarter/
Year End Report.
File: P16
Council Minutes --59 February 21, 2008
2008-114 Moved by M Taylor
Seconded by W Casier
"THAT Staff Report P2008-002 regarding the By-Law Enforcement Program 4th
Quarter/Annual Report for 2007 be received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report P2008-003 regarding Emergency Management Program Annual Report 2007
File: P16
2008-115 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report P2008-003 regarding the Emergency Management Program
Annual Report be received for information".
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#3979 to Cheque#4088 inclusive totaling
$344,748.49 and Payroll Disbursements for the period ending February 10, 2008
totaling$52,914.59.
2008-116 Moved by M Taylor
Seconded by W Casier
"THAT Cheque Register being Cheque# 3979 to Cheque# 4088 inclusive
totaling$344,748.49 and Payroll Disbursements for the period ending
February 10,2008 totaling$52,914.59 be approved."
Disposition: Motion Carried Unanimously
(b) Long Point Region Conservation Authority correspondence dated February 7, 2008
regarding"Preliminary 2008 Operating and Capital Budgets".
File: F05 /A16
Council Minutes - 66 - February 21, 2008
2008-117 Moved by W Casier
Seconded by M Taylor
"THAT correspondence from the Long Point Region Conservation Authority
regarding Preliminary 2008 Operating and Capital Budgets be received for
information".
Disposition: Motion Carried
(c) Copy of correspondence dated January 17, 2008 from Western Ontario Wardens' Caucus
to Association of Municipalities of Ontario regarding"Farm Tax Rebate Resolution".
File: A16
2008-118 Moved by E Ketchabaw
Seconded by W Casier
WHEREAS the Province of Ontario moved from the Farm Tax Rebate
Program to a 75% reduction in the agricultural property tax rate reduction
program in 1998, at a cost in excess of 100 million dollars annually to the
municipalities of the Province;
AND WHEREAS the Province agreed to maintain municipal agriculture
property tax revenue when they moved from the rebate program to the
reduced tax rate program;
AND WHEREAS municipalities have not received equivalent agricultural
property tax revenue compensation from the Province of Ontario;
AND WHEREAS this failure of the Province of Ontario to provide
equivalent compensation has negatively impacted the fmancial position of all
municipalities in Ontario with an agricultural tax base, at the above-noted
cost in excess of 100 million dollars;
THEREFORE BE IT RESOLVED that the Province of Ontario be petitioned to
provide compensating revenue to the municipalities of Ontario that have been
negatively impacted by the transition from the Farm Tax Rebate Program to the
agricultural property tax rate reduction program. ".
Disposition: Motion Carried Unanimously
Council Minutes - 63...- February 21,2008
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated January 29, 2008 regarding Bayham (Elgin Area Water System)
Distribution System Drinking Water System Inspection Report dated December 13, 2007.
File E08
2008-119 Moved by W Casier
Seconded by M Taylor
"THAT the Ministry of the Environment correspondence dated January 29, 2008
from Jim Robbins, Provincial Officer 631, Drinking Water Compliance Inspector
regarding the Bayham (Elgin Area Water System) Distribution System Drinking
Water System Inspection conducted on December 13, 2007 and the attached Report
be received;
AND THAT Council acknowledges that there were no non-compliance with
regulatory requirements applicable."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2008-120 Moved by W Casier
Seconded by M Taylor
"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 proposed or pending acquisition or disposition
of land by the municipality or local board; and litigation or potential litigation,
including matters before administrative tribunals, affecting the municipality or local
board."
Disposition: Motion Carried Unanimously
2008-121 Moved by M Taylor
Seconded by W Casier
"THAT the Committee of the Whole do now rise from the"In Camera" session at
9:33 p.m."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
(a) Closed session minutes of the regular meeting of Council held February 7, 2008.
Council Minutes - 6 - February 21, 2008
12. BY-LAWS
By-law 2008-023 A Provisional By-law to provide for Drainage Works (Richmond Outlet
Drain)First and Second readings only
By-law 2008-024 By-law to amend B/L 2005-102 (Imposing Rates and Fees)
By-law 2008-027 A By-Law to authorize execution of a development agreement for the extension
of the water main and installation of a storm sewer system on Union Street,
Vienna(Harms)
By-law 2008-026 A By-law to confirm all actions of Council
2008-122 Moved by W Casier
Seconded by C Evanitski
"THAT Provisional By-law 2008-023 for the Richmond Outlet Drain be read a first and
second time."
Disposition: Motion Carried
2008-123 Moved by M Taylor
Seconded by W Casier
"THAT By-laws 2008-024,and 2008-027 be read a first,second and third time and
finally passed."
Disposition: Motion Carried Unanimously
2008-124 Moved by W Casier
Seconded by C Evanitski
"THAT confirming By-law 2008-026 be read a first,second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2008-125 Moved by W Casier
Seconded by M Taylor
"THAT the Council meeting be adjourned at 9:45 p.m."
Disposition: Motion Carried Unanimously
dLa 0.e Ak./ /lenS111.,FLD
MAYOR CLERK
Date A iroved: ?fl)' b�(