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HomeMy WebLinkAboutMarch 20, 2008 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday March 20,2008 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, March 20, 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. Chief Building Official/Drainage Superintendent Bill Knifton and Treasurer Suzanna Mantel 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 Minutes of the Budget meeting held March 5, 2008 Minutes of the regular meeting of Council held March 6,2008. 2008-150 Moved by E Ketchabaw Seconded by W Casier "THAT the minutes of the special budget meeting of Council held March 5,2008 be approved as circulated." Disposition: Motion Carried Unanimously 2008-151 Moved by W Casier Seconded by E Ketchabaw "THAT the minutes of the regular meeting of Council held March 6,2008 be approved as circulated." Disposition: Motion Carried Unanimously Council Minutes - 77 - March 20, 2008 ADDED ITEMS 2008-152 Moved by W Casier Seconded by C Evanitski "THAT in accordance with Section 21 of Procedural By-law 2002-93,March 6th closed session minutes and a confidential property matter and be added to the agenda as item 11.1(c) and 11.1(d), respectively." Disposition: Motion Carried Unanimously Provisional By-law 2008-023 was removed from the agenda at the request of the Clerk. 4. DELEGATIONS 7:05 p.m. —K.0 Emerson, Chairman—Edison Museum Building Committee regarding Draft Feasibility Study- Item 9.1 (c) RESCHEDULED TO APRIL 3/08 5. INFORMATION ITEMS 2008-153 Moved by W Casier Seconded by E Ketchabaw "THAT information items 5(a)through 5(j) be received for information." Disposition: Motion Carried Unanimously (a) Bayham Historical Society minutes of meeting held February 14, 2008. File: C09 (b) Email correspondence dated March 10, 2008 from Elgin Community Futures Development Corporation regarding invitation to annual general meeting March 25, 2008. File: A04 (c) Correspondence dated February 29, March 10, 12 and 13, 2008 from the Association of Municipalities of Ontario regarding"Approval of the MHSW Program Plan—Phase 1", "MOHLTC Survey on the Development of Regulations under the Long Term Care Homes Act,2007", "Proposed Bill would Direct 2007/08 Provincial Budget Surplus to Municipal Infrastructure", and"Ontario Municipal Partnership Fund Increased for 2008". File: A01 (d) Correspondence dated March 3, 2008 from Information and Privacy Commissioner/ Ontario regarding"Privacy and Video Surveillance in Mass Transit Systems: A Special Investigation". File: A16 Council Minutes - 78 - March 20, 2008 (e) Winter 2008 Reports from Stringer Brisbin Humphrey Management Lawyers. File: A01 (f) Correspondence dated March 12, 2008 from Ministry of Municipal Affairs and Housing regarding proposed Investing in Ontario Act. File: A16 (g) Invitation from the Provincial Liberal Association to a Fundraiser Reception, April 8/08. File: A04 (h) Email correspondence dated March 7, 2008 from the Ontario Clean Air Alliance regarding"Nuclear power handed monopoly". File: A01 (i) Correspondence dated February 26, 2008 from the Tillsonburg& District Multi-Service Centre with recent newsletters and brochures. File: A01 0) Willms & Shier, Environmental Lawyers newsletter regarding"Special Report: IC&I Waste Diversion. File: M07 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM 1. CORRESPONDENCE& REPORTS (a) Correspondence dated March 13, 2008 from Civic Planning Solutions Inc. regarding "Proposed Plan of Subdivision—Straffordville—Blondeel". File: D12 2008-154 Moved by E Ketchabaw Seconded by W Casier "THAT the correspondence dated March 13,2008 from the Civic Planning Solutions be received for information." Disposition: Motion Carried Unanimously (b) Correspondence dated March 10, 2008 from Concerned Citizens Group regarding "Status Report Regarding 9 August, 2007 Letter From Concerned Citizens Group of Port Burwell". File: C13 Council Minutes - 79 - March 20, 2008 2008-155 Moved by M Taylor Seconded by W Casier "THAT the correspondence dated March 10,2008 from the Port Burwell Concerned Citizens Group be received; AND THAT the correspondence be referred to Staff for review and report back to Council." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Correspondence dated March 10 & 11, 2008 from Township of South-West Oxford regarding"Notice of Court of Revision- Smith Municipal Drain 2008" and"Appointment of Members". File: E09 2008-156 Moved by C Evanitski Seconded by W Casier "THAT the correspondence from the Township of South-West Oxford dated March 10 & 11,2008 regarding the Smith Municipal Drain 2008 be received; THAT the Council of the Municipality of Bayham hereby appoints Wayne Casier as a member of the Court of Revision for the Smith Drain 2008, initiated by the Township of South-West Oxford being held Tuesday April 1, 2008 at 11:00 a.m.; AND THAT Ed Ketchabaw be appointed as an alternate in the absence of the appointee so appointed." Disposition: Motion Carried Unanimously (b) Correspondence dated March 10, 2008 from Township of South-West Oxford regarding"Notice of Court of Revision—C.E. Smith Municipal Drain 2008" and "Appointment of Members". File: E09 Council Minutes - 80 - March 20, 2008 2008-157 Moved by M Taylor Seconded by E Ketchabaw "THAT the correspondence from the Township of South-West Oxford dated March 10,2008 regarding the C.E. Smith Municipal Drain 2008 be received; THAT the Council of the Municipality of Bayham hereby appoints Wayne Casier as a member of the Court of Revision for the C. E. Smith Drain 2008, initiated by the Township of South-West Oxford being held Tuesday April 1, 2008 at 11:15 a.m.; AND THAT Ed Ketchabaw be appointed as an alternate in the absence of the appointee so appointed." Disposition: Motion Carried Unanimously Court of Revision Appointments&Affirmations 2008-158 Moved by W Casier Seconded by E Ketchabaw "THAT in accordance with the provisions of the Drainage Act,the Council of the Municipality of Bayham appoints Deputy Mayor Cliff Evanitski, Councillors Mark Taylor and Ed Ketchabaw to sit as members of the Court of Revision; AND THAT Deputy Mayor Evanitski 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." Disposition: Motion Carried Unanimously 2. COURT OF REVISION-DRAINAGE 1. (a) 8:00 p.m. Call to Order&Application: Deputy Mayor Evanitski assumed the chair and called the Court of Revision for the Richmond Outlet Municipal Drain Report No. 205207 prepared by Spriet Associates to order. 2. Declaration of Pecuniary Interest and the General Nature Thereof Mayor Lynn Acre had previously declared a conflict of interest and vacated the chair. She did not participate in the discussion nor vote on the matter. Council Minutes - 81 - March 20, 2008 3. Staff& Engineer Presentation Staff Report DR2008-011 regarding Court of Revision was presented by the Drainage Superintendent. He noted that the purpose of the Court is to consider appeals by owners of properties assessed to the Drain. He noted that a written notice of appeal had been received from Max and Sue Ward, 53869 Heritage Line. He advised that an additional written request for assessment appeal had been received March 20th from Lew Acre. John Spriet, Engineer, advised that his role is to provide his expertise to members of the Court of Revision and give evidence in regard to appeals made. He noted that the Court has a duty to determine whether the appeals presented are valid, and if so, how the assessments are to be adjusted. 2008-159 Moved by E Ketchabaw Seconded by M Taylor "THAT the Court of Revision for the Richmond Road Outlet Drain hereby agrees to allow verbal appeals to be heard from affected property owners present at the first sitting of the Court of Revision being held March 20, 2008, pursuant to the provisions of the Drainage Act as follows: Lew Acre." Disposition: Motion Carried Unanimously 4. Public Comments Max Ward commented that there is 1 to 2 inches fall at his property to the drain catch basin and he would need to raise the elevation by 6 to 8 inches in order for water to drain from his property to the west. He added that the property is always wet, even in summer. Mr. Spriet, Engineer responded that the catch basin at Church Street/Richmond Road is very shallow, adding that if fill is put in the water would go somewhere, likely to the west. He added that the only way to drain the lot is to get rid of the water. He noted that the Ward property is a collection point for water draining from surrounding properties including the ballpark and Church Street. The way for to address the problem would be through a drain from the corner of Church Street and Richmond Road to the Ward property. Property owners who send water to the drain, including the County and the Municipality would be assessed and share the costs with Mr. Ward. The solution can be investigated through a new petition initiated by Mr. Ward; being assessed to the current Drain allows for drainage to be extended in the future. Council Minutes - 82 - March 20, 2008 Lew Acre thanked the Court for allowing his appeal to be heard. He requested the Benefit in the amount of$2,000 be removed from his assessment and added to that of the County of Elgin. He commented that the erosion damage would not be so extensive had the County initially taken the appropriate action sooner. John Spriet, Engineer, responded that the Road had been redone in about 1979 with several feet of pipe placed on the Acre property, at no cost to Mr. Acre. At that time,the extension diverted the water 60% further into a ravine. He noted that normally assessment dollars are charged to an owner who is benefiting such as in taking the water to the next property, in this case Mr. Acre is being charged$2,000 being 4% of the total cost. He added that the Court of Revision has the power to allocate a portion or all of this assessment to the County or roads. He added that the roads portion is already assessed at $39,000. He stated that the meeting would have to be adjourned to allow time for the County to be notified of any proposed assessment change and the opportunity to provide comment. He suggested there should be some assessment to the Acre property for the extension and fill and commented that the $2,000 is not a big percentage being requested of the owner. S. Council Comments and Questions Q. Councilor Taylor questioned if the drain was some where else rather than on the Acre property what would be the amount of the special benefit. A. Mr. Spriet responded it would be similar to all the other properties with no $ assessed for benefits. Q. Councillor Ketchabaw questioned whether removing the erosion from the Acre property would lead to a higher property value. A. Mr. Spriet stated that fill placement will enhance the property value. Q. Deputy Mayor Evanitski questioned whether there is documentation from the County over the years. A. Mr. Acre responded that he has only one letter—no paper trail. Q. M. Taylor questioned whether it is a benefit for the Acre's to have a back yard; what is the amount of the loss to erosion over the years? A. Mr. Acre responded that it was not a concern until the clay broke away. J. Spriet noted that the banks are now very steep where they may have been more of a gentle slope before. Re-routing the pipe through the Acre property carries the assessment value with it. M Taylor suggested the problem was created by the County and neither benefit should be assessed to the Acre's,but rather to the County. Mr. Spriet advised that the Court can re-allocate the assessment,however,the meeting must be adjourned, the County advised and reconvene at a later date. Council Minutes - 83 - March 20, 2008 Mr. Acre commented that the problem was caused by an external body, being the County of Elgin. E Ketchabaw suggested if the problem had been fixed years ago,the Court wouldn't be meeting today; he agreed that the benefit should be removed from the Acre assessment and placed on that of the County. Conclusion: It was agreed that the meeting be adjourned in order for staff to circulate the County of Elgin regarding the proposed change in the $2,000 benefit assessment from Lew and Lynn Acre to the County. 6. Disposition of Item Deferred 7. Adjournment 2008-160 Moved by E Ketchabaw Seconded by M Taylor THAT the Court of Revision for the Richmond Road Outlet Drain is hereby adjourned at 8:47 p.m. to allow the Clerk to give notice to the County of Elgin and hereby sets the date for the Court of Revision to reconvene on Thursday April 17,2008 at 8:00 p.m." Disposition: Motion Carried Unanimously Mayor Acre re-assumed the Chair. 8. PROPERTY,BUILDING & PROTECTIVE SERVICES No items 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register being Cheque# 4155 to Cheque #4226 inclusive totaling $81,193.99 and Payroll Disbursements for the period ending March 9, 2008 totaling$60,376.14. 2008-161 Moved by C Evanitski Seconded by E Ketchabaw "THAT the Cheque Register being Cheque#4155 to Cheque#4226 inclusive totaling$81,193.99 and Payroll Disbursements for the period ending March 9,2008 totaling$60,376.14 be approved." Disposition: Motion Carried Unanimously Council Minutes - 84 - March 20, 2008 (b) Edison Museum of Vienna New Facility Feasibility Study Phase 3 —Final Feasibility Report Draft dated February 29,2008. Rescheduled to April 3 at 7:05 p.m. File: F11/C06 (c) Correspondence dated February 4, 2008 from Ministry of Agriculture, Food and Rural Affairs regarding"Appointment of Area& Municipal Weed Inspectors 2008". Don Ciparis is currently the County Acting Weed Inspector. File: A16 2008-162 Moved by W Casier Seconded by E Ketchabaw "THAT the correspondence dated February 4, 2008 from Ministry of Agriculture, Food and Rural Affairs be received; THAT Municipality of Bayham utilize the services of the County of Elgin for the purpose of Weed Inspection; AND THAT the Ministry of Agriculture Food and Rural Affairs be so advised." Disposition: Motion Carried Unanimously (d) Correspondence dated February 29, 2008 from Ian R. Almond, Port Burwell &Area Business Development Association regarding recognition. File: A01 2008-163 Moved by E Ketchabaw Seconded by W Casier "THAT the correspondence dated February 29,2008 from Port Burwell & Area Business Development Association be received for information." Disposition: Motion Carried Unanimously (e) Email correspondence dated March 11, 2008 from Barbara Rycquart requesting permission to use council chambers for nature club meetings. File: C13 2008-164 Moved by E Ketchabaw Seconded by M Taylor "THAT the email correspondence dated March 11,2008 from Barbara Rycquart be received; Council Minutes - 85 - March 20, 2008 AND THAT Council approves the request to use Council Chambers for occasional meetings of a Bayham nature club, subject to municipal needs." Disposition: Motion Carried Unanimously (f) Copy of Oxford County correspondence dated March 3, 2008 and resolution opposing the Long Point Region Conservation Authority Budget—2008. File: A16 2008-165 Moved by W Casier Seconded by E Ketchabaw "THAT the copy of Oxford County correspondence and resolution be received for information." Disposition: Motion Carried Unanimously (g) Staff Report F2008-11 regarding 2008 Budget. File: F05 2008-166 Moved by W Casier Seconded by C Evanitski "THAT Staff Report F2008-11 be received; AND THAT by-law 2008-029, being a by-law to adopt the assessment on which taxes shall be levied and the current estimates for the year 2008,be presented to Council for enactment." Disposition: Motion Carried Unanimously (h) Correspondence dated March 9, 2008 from Mary Taylor regarding various matters. File: C13 Deputy Mayor Evanitski advised that LPRCA staff are preparing a brief on 2007 activities and that Paul Ens, local representative will make a presentation to Council at the April 17th meeting in this regard Administrator Kruger noted that the manholes are located at varied levels due to topography and staff are working with the LPRCA and will report back to Council. Concerns raised regarding the costs for the medical centre were discussed. It was noted that" orphan"patients such as transient workers may be seen by the Nurse Practitioner, The Administrator commented that100%funding for the NP is provided through a monthly provincial grant with an additional allocation for supplies. Council Minutes - 86 - March 20,2008 It was suggested that the Ministry of Health funds may not cover the full interim amount for administrative support for the couple of months until the Family Health Team assumes the contract. He added there may be an opportunity for co-op placement through a local education facility. The grants may meet or exceed the NP costs, however, overhead maintenance costs may not be covered in the short term. Ms. Taylor is to be advised of the presentation time. 2008-167 Moved by W Casier Seconded by M Taylor "THAT the correspondence from Mary Taylor be received for information." Disposition: Motion Carried Unanimously (i) Email correspondence dated March 13, 2009 from Bob Warnock regarding"Vienna Skatepark Phase two". File: L04 2008-168 Moved by M Taylor Seconded by W Casier "THAT the email correspondence dated March 13,2008 from Bob Warnock be received; AND THAT Council supports the request and directs Staff to prepare an agreement with the Rotary Club of Aylmer for the extension of the Skate Park at the Vienna Memorial Park for Council's consideration at the next meeting." Disposition: Motion Carried Unanimously (j) Correspondence dated March 10, 2008 from the Elgin Group Police Services Board regarding the proposed OPP Services Contract 2008 Estimates. File: P17/F05 2008-169 Moved by E Ketchabaw Seconded by M Taylor "THAT the correspondence dated March 10,2008 from the Elgin Group Police Services Board regarding the OPP Contract be received for information." Disposition: Motion Carried Unanimously Council Minutes - 87 - March 20, 2008 (k) Correspondence dated March 10, 2008 from Elgin Group Police Services Board regarding the proposed 2008 Operational Budget for the Elgin Group Police Services Board. File: P17/F05 2008-170 Moved by E Ketchabaw Seconded by C Evanitski "THAT the correspondence from Elgin Group Police Services Board regarding the PSB 2008 Operational Budget be received; AND THAT the Council of the Municipality of Bayham supports the budget as proposed." Disposition: Motion Carried Unanimously (1) Staff Report PR2008-02 regarding Food Booth RFP. File: L04 2008-171 Moved by W Casier Seconded by C Evanitski "THAT Staff Report PR2008-02 regarding Food Booth RFP be received; AND THAT Council award the contract for the provision of a Concession Food Booth at the east beach in Port Burwell for the 2008 season to Ms. Theresa Blondin and that the necessary contract be prepared for presentation to Council." Disposition: Motion Carried Unanimously (m) Email correspondence dated March 17, 2008 from Andrea Stephenson, on behalf of Trinity Anglican Church regarding Easter Sunrise Service on the East Beach in Port Burwell. File: C13 2008-172 Moved by M Taylor Seconded by C Evanitski "THAT the email correspondence from Andrea Stephenson, Trinity Anglican Church be received; AND THAT the Council of the Municipality of Bayham approves the use of a small contained fire on the East Beach during a sunrise service by the Trinity and St. Council Minutes - 88 - March 20, 2008 Luke's Anglican Parish on March 23rd subject to the provision of proof of liability insurance." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) 2007 Annual Summary for Municipal Water Systems. File: E08 2008-173 Moved by M Taylor Seconded by C Evanitski "THAT the 2007 Annual Summary for the Bayham Water Distribution System Water Works#260004748 be received for information." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 2008-174 Moved by E Ketchabaw Seconded by W Casier "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 9:10 p.m. to discuss: ❑ personal matters about an identifiable individual, including municipal or local board employees; ❑ a proposed or pending acquisition or disposition of land by the municipality or local board." Disposition: Motion Carried Unanimously 2008-175 Moved by W Casier Seconded by E Ketchabaw "THAT the Committee of the Whole do now rise from the"In Camera" session at 10:04 p.m." Disposition: Motion Carried Unanimously Council Minutes - 89 - March 20, 2008 1. CORRESPONDENCE& REPORTS (a) Staff Report H2008-04 regarding a confidential personal matter. (b) Staff Report H2008-03 regarding a confidential personal matter. (c) Closed session minutes of the regular meeting of Council held March 6, 2008. (d) Staff Report regarding a confidential property matter. 12. BY-LAWS By-law 2008-029 A By-law to Adopt Assessment& Current Estimates By-law 2008-033 A By-law to confirm all actions of Council 2008-176 Moved by E Ketchabaw Seconded by C Evanitski "THAT By-law 2008-029 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 2008-177 Moved by C Evanitski Seconded by E Ketchabaw "THAT confirming By-law 2008-033 be read a first, second and third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 2008-178 Moved by W Casier Seconded by M Taylor "THAT the Council meeting be adjourned at 10:05 p.m." Diy sition: Mot- n Carried Unanimously 1 / 'NC6 ii/iLd,) A Q .--- "/. ,12-o, dicz-1.0 MA� ' CLERK Date Ap ved: 3, c q