HomeMy WebLinkAboutSeptember 18, 2008 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday September 18,2008
7:00 p.m.
Public Meeting-Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
September 18, 2008 in Council Chambers. Present were Mayor Lynn Acre, Deputy
Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, and
Administrator Kyle Kruger.
Chief Building Official/Drainage Superintendent Bill Knifton, Public Works Superintendent Ed
Bradfield 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
Minutes of the regular meeting of Council held September 4, 2008
Minutes of the Official Plan meeting held September 11, 2008
2008-458 Moved by W Casier
Seconded by C Evanitski
"THAT minutes of the regular meeting of Council held September 4, 2008 be
approved as circulated."
Disposition: Motion Carried Unanimously
2008-459 Moved by E Ketchabaw
Seconded by W Casier
"THAT minutes of the Special Official Plan review meeting of Council held
September 11,2008 be approved as circulated."
Disposition: Motion Carried Unanimously
Council Minutes - 228 - September 18, 2008
ADDED ITEM
2008-460 Moved by W Casier
Seconded by C Evanitski
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
1. correspondence received September 15,2008 from Cindy's Angels committee
requesting use of municipal sign and
2. Staff Report PW2008-04 Road Activity Report September 2008
be added to the agenda as items 9.1(c) and 7.1(b) respectively."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
7:05 p.m. —Susan Hughes—was in attendance to request an amendment to By-Law
2001-94 in regard to the procedures for renewal of outstanding dog licences. Ms. Hughes
suggested there could be a more cost effective method to deal with those who have not
renewed in the required timeframe.
Council suggested staff bring the By-Law forward for review and look at the costs
incurred in the present method of handling outstanding dog licence renewals.
5. INFORMATION ITEMS
2008-461 Moved by C Evanitski
Seconded by W Casier
"THAT information items 5(a)through 5(j) be received for information."
Disposition: Motion Carried Unanimously
(a) Correspondence dated September 2, 2008 from Ministry of Natural Resources, Fish and
Wildlife Branch regarding"Sunday gun hunting".
File: A 16
(b) Correspondence dated September 3, 2008 from Grand River Conservation Authority
regarding"Compensation Resolution for Source Protection".
File: E00
(c) Correspondence dated August 20, 2008 from Playworks regarding the"Do It Yourself'
program.
File: A16
Council Minutes - 229 - September 18, 2008
(d) Correspondence from the Attorney General of Ontario regarding"Crime Rate in
Ontario".
File: A16
(e) Correspondence received September 10, 2008 from Correctional Service Canada
regarding"Restorative Justice Week 2008".
File: A16
(f) Copy of resolution passed August 13, 2008 by the Town of Innisfil regarding"Ontario
Energy Board Order".
File: C10
(g) Copy of resolution passed August 18, 2008 by the Corporation of the Township of
Elizabethtown-Kitley regarding"City of Brockville Payments-In-Lieu Agreement".
File: C10
(h) Copy of resolution passed July 21, 2008 from City of Orillia regarding"Continued Use of
Coal Generation in Ontario".
File: C10
(i) Correspondence dated September 12, 2008 from the Association of Municipalities of
Ontario regarding"Application Site for Intake One of Building Canada Fund
Communities Component Now Open".
File: A01
(j) Copy of correspondence dated July 25, 2008 sent to Lake Erie Source Protection Region
from Township of East Garafraxa regarding resolution passed after review of the Lake
Erie Region SPC Meeting Agenda and Attachments.
File: C10
6. PLANNING,DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE&REPORTS
(a) Correspondence dated September 5, 2008 from Grand River Conservation Authority
regarding"Consultation on the Lake Erie Region Source Protection Committee Terms of
Reference". Copy of Terms of Reference Available on Request
File: E00
2008-462 Moved by E Ketchabaw
Seconded by W Casier
"THAT Correspondence dated September 5,2008 from Grand River Conservation
Authority be received for information."
Disposition: Motion Carried Unanimously
Council Minutes - 230 - September 18, 2008
(b) Staff Memorandum 2008-002 regarding"Winkworth and Tait Minor Variance Appeals
and OMB hearing".
File: D13
2008-463 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Memorandum 2008-002 regarding"Winkworth and Tait Minor
Variance Appeals and OMB hearing" be received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report D2008-041 regarding Zoning By-law Z564-2008 Appeals (Borm).
File: D 10.07/D 14.B ORM
2008-464 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report D2008-041 regarding Zoning By-law Z564-2008 Appeals be
received:
AND RESOLVED THAT the Council of the Municipality of Bayham receive
the appeals of Zoning By-law Z564-2008, submitted by Roger and Cheryl
James and Kathleen Kennedy;
AND THAT the By-law is in conformity with the Municipality of Bayham
Official Plan approved by the Ministry of Municipal Affairs and Housing
August 15, 2002;
AND THAT, seeing no reason to change the position of Council, Council
directs staff to defend the appeal at the Ontario Municipal Board, including
the hiring of necessary legal and planning consultants that may be required."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
I. CORRESPONDENCE&REPORTS
(a) Correspondence dated September 10, 2008 from the"Vanderpas familie"regarding taxes
and road condition.
File: C13
Council Minutes -231 - September 18, 2008
2008-465 Moved by C Evanitski
Seconded by M Taylor
"THAT Correspondence dated September 10, 2008 from"The Vanderpas
familie" be received for information."
Disposition: Motion Carried Unanimously
ADDED ITEM
(b) Staff Report PW2008-04 Road Activity Report September 2008.
File: T06
2008-466 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Report PW2008-04,Road Activity Report September 2008 be
received for information."
Disposition: Motion Carried Unanimously
2. PUBLIC MEETING -Deferred from September 4, 2008 meeting
2008-467 Moved by E Ketchabaw
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 Unanimously
1.(a) 8:00 p.m. —Otters Edge Municipal Drain—to consider Spriet Associates
Engineer's Report#206065 dated June 26, 2008
File: E09
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation: Drainage Superintendent Bill Knifton stated the purpose of
this Public Meeting was to continue from the previous Public Meeting held
September 4, 2008 regarding Staff Report D2008-019. Mr. Knifton advised since
the previous meeting a letter was delivered to Mr. Heimbuch outlining his
financial obligations should he remove his name from the Otter's Edge Municipal
Drain petition.
Council Minutes -232 - September 18, 2008
Mr. Heimbuch, since delivered a letter to the Municipal Clerk stating his wish to
have his name reinstated on the Otter's Edge Municipal Drain petition. Copy of
the letter was distributed to Council.
4. Public Comments
Mr. A. Keith Underhill was in attendance to reiterate the fact that he does not
wish to have this drain cross his property. He commented that he is unable to
build on this property due to "toe erosion" and the installation of a drain would
cause further erosion problems as it would disturb the root system of the existing
trees. He extended an invitation to Council to discuss the matter with him one on
one stating that there should have been discussion with him initially. He advised
he was not aware of the pre construction meeting as he was away from the area at
the time.
S. Council Comments and Questions
Council asked Mr. Underhill what would have to change to allow the drain to go
through to which Mr. Underhill responded that all parties including himself,
Council and Long Point Region Conservation Authority need to discuss the
matter.
There were questions from Council regarding the role of the Conservation
Authority,the direction of the drain, options for location of the drain other than
the Underhill property and the reason for the particular setbacks.
Mr. Knifton responded to Council's queries, outlining the circulation to the
Conservation Authority. He commented that the water would drain in the
proposed direction if it were not for the road, which acts as a dam, and that the
engineer determined the proposed drain location to be the most appropriate and
cost effective option. He noted that to have the drain go through the Otter's Edge
property would result in re-engineering with additional cost. Mr. Knifton also
advised the setbacks were due to concerns of the neighbours on the west and the
proposed route is best as the bank is less steep at the proposed location.
Council questioned the options available since Mr. Underhill is still in opposition.
Mr. Knifton outlined the options under the Drainage Act. Mr. Knifton also
indicated the proposed route is the most appropriate in his opinion.
Members of Council suggested it may be beneficial to view the site.
It was decided to defer a decision until the next Council meeting to be held
October 2, 2008.
6. Adjournment
Council Minutes - 233 - September 18, 2008
2008-468 Moved by M Taylor
Seconded by E Ketchabaw
"THAT the Public Meeting be adjourned at 8:39 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Items
2008-469 Moved by E Ketchabaw
Seconded by M Taylor
"THAT Staff Report D2008-019 be deferred to October 2,2008 at 8:00 p.m."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
1. CORRESPONDENCE&REPORT No Items
9. FINANCE,ADMINISTRATION& PERSONNEL
1. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#5070 to Cheque#5204 inclusive, totaling
$965,384.81 and Payroll Disbursements for the period ending September 7, 2008,
totaling$55,530.92 respectively.
2008-470 Moved by E Ketchabaw
Seconded by M Taylor
"THAT Cheque Register being Cheque#5070 to Cheque#5204 inclusive,
totaling$965,384.81 and Payroll Disbursements for the period ending
September 7,2008,totaling$55,530.92 respectively be approved."
Disposition: Motion Carried Unanimously
(b) Bayham Health& Safety Committee minutes of meeting held August 15, 2008.
File: A09
2008-471 Moved by M Taylor
Seconded by W Casier
Council Minutes - 234 - September 18, 2008
"THAT Bayham Health & Safety Committee minutes of meeting held August 15,
2008 be received for information"
Disposition: Motion Carried Unanimously
ADDED ITEM
(c) Correspondence received September 15, 2008 from Cindy's Angels Committee
requesting use of municipal sign to advertise fundraising dance.
File: C13
2008-472 Moved by M Taylor
Seconded by W Casier
"THAT Correspondence received September 15,2008 from Cindy's Angels
committee requesting use of municipal sign to advertise a Benefit Dance be received;
AND THAT Council grants permission to use the sign as requested, subject to
Municipal needs."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
CORRESPONDENCE&REPORTS
(a) Quarterly Report for the Bayham Water Distribution System and call ins for period
ending June 30,2008.
File: E08
2008-473 Moved by W Casier
Seconded by C Evanitski
"That the Quarterly Report for the Bayham Water Distribution System and call ins
for period ending June 30, 2008 be received for information."
Disposition: Motion Carried Unanimously
(b) Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the period
ending June 30, 2008.
File: E08
Council Minutes - 235 - September 18, 2008
2008-474 Moved by C Evanitski
Seconded by W Casier
"That the Quarterly Report for the Bayham Small Municipal Non-Residential Wells
for the period ending June 30,2008 be received for information."
Disposition: Motion Carried Unanimously
(c) Quarterly Performance Report for the Port Burwell Wastewater Treatment Plan and call
ins for the period ending June 30, 2008.
File: E08
2008-475 Moved by W Casier
Seconded by C Evanitski
"That the Quarterly Performance Report for the Port Burwell Wastewater
Treatment Plan and call ins for the period ending June 30,2008 be received for
information."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2008-476 Moved by M Taylor
Seconded by W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of Committee of
the Whole at 7:52 p.m. to discuss:
o personal matters about an identifiable individual,including municipal or
local board employees."
Disposition: Motion Carried Unanimously
2008-477 Moved by W Casier
Seconded by M Taylor
"THAT the Committee of the Whole do now rise from the"In Camera" session at
7:59 p.m."
Disposition: Motion Carried Unanimously
1. CORRESPONDENCE&REPORTS
Council Minutes - 236 - September 18, 2008
(a) Closed session minutes of the regular meeting of Council held September 4, 2008.
(b) Verbal Report regarding a confidential personal matter.
12. BY-LAWS
By-law 2008-084 A Provisional By-law to provide for Drainage Works (Otters Edge
Drain) Deferred from September 4, 2008 meeting
By-law 2008-092 A By-law to confirm all actions of Council
2008-478 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT confirming By-law 2008-092 be read a first, second and third time and
fmally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2008-479 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the Council meeting be adjourned at 8:40 p.m."
Disposition: Motion Carried Unanimously
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Date Approved: ,UCO