HomeMy WebLinkAboutOctober 02, 2008 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday October 2,2008
7:00 p.m.
8:00 p.m. Public Meeting—Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
October 2, 2008 in the Council Chambers. Present were Mayor Lynn Acre, Councillors Mark
Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Deputy Clerk
Margaret Underhill. Deputy Mayor Cliff Evanitski was absent.
Chief Building Official/Drainage Superintendent Bill Knifton, Treasurer Suzanna Mantel 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 7:04 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 18, 2008
2008-480 Moved by E Ketchabaw
Seconded by M Taylor
"THAT minutes of the regular meeting of Council held September 18,2008 be approved as
circulated."
Disposition: Motion Carried Unanimously
ADDED ITEM
2008-481 Moved by W Casier
Seconded by E Ketchabaw
"THAT in accordance with Section 21 of Procedural By-law 2002-93,a delegation by Mat
Redsell
AND THAT water supply at the Bayham Community Centre be added to the agenda as
items 4 (a) and 8.1 (e) respectively."
Disposition: Motion Carried Unanimously
Council Minutes - 238 - October 2, 2008
4. DELEGATIONS
ADDED ITEM
(a) 8:50pm—Mat Redsell—regarding the keeping of chickens in villages.
5. INFORMATION ITEMS
2008-482 Moved by M Taylor
Seconded by E Ketchabaw
"THAT information items 5(a) through 5(f) be received for information."
Disposition: Motion Carried Unanimously
(a) Correspondence dated September 15, 2008 from Hydro One regarding "Conservation and
Demand Management program".
File: E06
(b) Correspondence dated September 10, 2008 from Town of Fort Erie regarding"Niagara Health
System—Hospital Improvement Plan".
File: C10
(c) Correspondence dated September 23, 2008 from Peter Hume, President, Association of
Municipalities of Ontario regarding"Annual Conference". 2007 Annual Report available upon
request
File: A01
(d) Copy of resolution passed July 22, 2008 by the Council of the Corporation of the Municipality of
Tweed regarding "Request for Provincial and Federal governments to become involved and
reduce taxes on petroleum products, including the Provincial road taxes and the Federal Excise
Tax".
File: C10
(e) Certificate of Appreciation from Straffordville Community committee regarding "Watermelon
Fest 2008".
File: M04
(f) Correspondence dated August 24, 2008 from the Guysborough Cemetery Board regarding
"Auxiliary driveway".
File: C13
6. PLANNING, DEVELOPMENT,RECREATION& TOURISM
1. CORRESPONDENCE& REPORTS No Items
Council Minutes - 239 - October 2, 2008
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE& REPORTS
(a) Correspondence dated September 16, 2008 from Grant and Mary Ann Harvey regarding"ATV
Bike Truck Damage &Noise".
File: C13
2008-483 Moved by E Ketchabaw
Seconded by W Casier
"THAT Correspondence dated September 16,2008 from Grant and Mary Ann
Harvey be received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report PW2008-05 regarding Winter Control Contracts 2008/2009.
File: L04
2008-484 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report PW2008-05 regarding Winter Control Contracts 2008/2009 be
received;
AND THAT staff be authorized to confirm contract arrangements for winter control
services for the 2008/2009 season, as outlined in Attachment#2 to report PW2008-05."
Disposition: Motion Carried Unanimously
(c) Staff Report PW 2008-06 regarding Mitchell Road—Proposed Realignment.
File: T04
2008-485 Moved by E Ketchabaw
Seconded by M Taylor
"THAT Staff Report PW2008-06 regarding Mitchell Road—Proposed Realignment
be received;
AND THAT staff be authorized and directed to proceed with necessary arrangements to
implement the Mitchell Road realignment as outlined in Report PW2008-06."
Disposition: Motion Carried Unanimously
Council Minutes -240 - October 2, 2008
2. PUBLIC MEETING -Deferred from September 4& 18, 2008 meetings
2008-486 Moved by M Taylor
Seconded by E Ketchabaw
"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 advised he had nothing
more to add regarding Staff Report D2008-019.
3. Public Comments:
Keith Underhill was in attendance and thanked Councillors Mark Taylor and
Wayne Casier and Chief Building Official Bill Knifton for taking the time to visit
his property.
5. Council Comments and Questions
Councillor Casier stated that he visited the property and understands Mr.
Underhill's concern over the erosion at the foot of the very steep bank. He added
that he trusts the engineer's design and is confident that it will address Mr.
Underhill's concern.
Councillor Taylor stated that he is confident with the engineer's report and that the
erosion will be addressed in the design. He referred to the Plank Road repair
completed further south and how well it was done. He added that the drainage
project might in fact stabilize the steep slope.
Mr. Underhill questioned the tax class on the property and noted the fact that it
cannot be built upon. K. Kruger responded by saying the property is assessed with
the appropriate Residential/Farm tax class on an agricultural basis. He added that
new assessment notices are coming out in November, which will provide property
owners with an explanation and opportunity to appeal their assessment.
Councillor Ketchabaw confirmed with Mr. Underhill that the lands are not used
for any purpose now and suggested that the Ministry of Natural Resources could
be approached for tax relief and reclassification of the lands to Conservation
Council Minutes - 241 - October 2, 2008
Lands. Mr. Underhill added that because of the erosion no cutting or clearing has
been done and that it's not viable farmland. He acknowledged that if the lands can
be redesignated then he could understand the logic in placing the drainage works
along his property.
Councillor Taylor questioned if there is an issue with erosion at a later time is
there a guarantee from the contractor or engineer that Mr. Underhill is not held
liable for costs to repair. K. Kruger responded by saying that the engineers carry
liability coverage for errors in design and that actual drainage works to repair
becomes the assessed landowners' responsibility. He added that if there is
resulting erosion further along the Big Otter that the responsibility will fall upon
the municipality. He stated that Mr. Underhill is not assessed to the drain and
there is no cost to him.
Councillor Casier added that the County Engineer needs to be alerted to the
erosion occurring at the bend in Plank Road further north of Mr. Underhill's
property towards Vienna and suggested that the water from the road needs to be
properly collected and directed to a proper outlet.
Mayor Acre reiterated that the new assessments in November would provide an
opportunity for Mr. Underhill to address the assessment issue. K. Kruger added
that there is no fee for the initial request to reconsider but that later in the process,
if required,there would be a fee to appeal.
Councillor Ketchabaw stated that the first step is to call the assessor to request the
reassessment of the property and proceed from there.
Mr. Underhill thanked Council and B. Knifton for their patience with him in
discussing this issue.
6. Adjournment
2008-487 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the Public Meeting be adjourned at 8:20 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Items
2008-488 Moved by E Ketchabaw
Seconded by W Casier
"THAT Staff Report D2008-019 be received;
Council Minutes - 242 - October 2, 2008
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
#206065 dated June 26,2008, referred to as the "Otter's Edge Municipal Drain"
report;
AND THAT Provisional By-law #2008-084 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 a date of November 6,2008 be set for the first sitting of the Court of
Revision."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING & PROTECTIVE SERVICES
1. CORRESPONDENCE& REPORT
(a) Correspondence dated September 22, 2008 from the Otter Valley Chamber of Commerce
regarding"Harbour Rescue Boat Issue".
File: C13
2008-489 Moved by M Taylor
Seconded by W Casier
"THAT Correspondence dated September 22,2008 from Otter Valley Chamber of
Commerce regarding"Harbour Rescue Boat Issue" be received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report P2008-017 regarding Children's Safety Day.
File: P16
2008-490 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report P2008-017 regarding Children's Safety Day be received for
information;
AND THAT the surplus funds $1,613.90 be placed in the Kids Safety Day reserve account
for future use for fire department public safety events."
Council Minutes - 243 - October 2, 2008
Disposition: Motion Carried Unanimously
(c) Staff Report P2008-018 regarding Edison Drive Fire Protection Resources.
File: P16
2008-491 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report P2008-018 regarding Edison Drive Fire Protection Resources
be received for information;
AND THAT staff be instructed to arrange for the installation of a water storage tank(8000
gallons)within the street allowance and as near as possible to the subject Edison Drive
properties;
AND THAT the project be financed with 2008 year end operating budget surplus, if
available, or from the Capital Rate Stabilization Reserve."
Disposition: Motion Carried Unanimously
(d) Staff Report P2008-019 regarding Animal Control By-Law.
File: P16
2008-492 Moved by M Taylor
Seconded by W Casier
"THAT Staff Report P2008-019 regarding Animal Control By-law be received for
information;
AND THAT staff be instructed to develop an animal control by-law prohibiting the
raising and housing of livestock in urban areas."
Disposition: Motion Carried Unanimously
ADDED ITEM
(e) Verbal Report regarding water supply at Bayham (Straffordville) Community Centre.
2008-493 Moved by E Ketchabaw
Seconded by W Casier
"THAT Staff be authorized to proceed with implementation of a well for water
supply for the Bayham Community Centre."
Council Minutes - 244 - October 2, 2008
Disposition: Motion Carried Unanimously
9. FINANCE,ADMINISTRATION& PERSONNEL
1. CORRESPONDENCE& REPORTS
(a) Cheque Register being Cheque#5205 to Cheque #5280 inclusive, except Cheques#4426
and#5255 totaling $514,159.33 and Payroll Disbursements for the period ending
September 21, 2008, totaling $51,256.10.
2008-494 Moved by E Ketchabaw
Seconded by W Casier
"THAT Cheque Register being Cheque#5205 to Cheque #5280 inclusive,
except Cheques #4426 and#5255 totaling$514,159.33 and Payroll
Disbursements for the period ending September 21,2008, totaling$51,256.10
be approved."
Disposition: Motion Carried Unanimously
(b) Staff Report C2008-08 regarding Economic Development Structure/Membership.
File: C11
2008-495 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report C2008-08 regarding Economic Development Structure/Membership
be received;
AND THAT operations of the Bayham Economic Development Committee and workgroups
as established by By-law No. 2008-081 be suspended, excepting the Interpretive Centre
Workgroup which shall report directly to Council at this time;
AND THAT staff be authorized to discuss options for a formal relationship with the Otter
Valley Chamber of Commerce."
Disposition: Motion Carried Unanimously
(c) Email correspondence from Ron Allensen, President, Ottervalley Naturalists, requesting
permission to plant a rare Canadian tree.
File: C13
Council Minutes -245 - October 2, 2008
2008-496 Moved by M Taylor
Seconded by E Ketchabaw
"THAT email Correspondence dated September 23,2008 from Ron Allensen,president
Ottervalley Naturalists, be received;
AND THAT permission be granted as requested."
Disposition: Motion Carried Unanimously
(d) Staff Report F2008-32 regarding Building Canada Fund.
File: F05
2008-497 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report F2008-32 regarding Building Canada Fund be received;
AND THAT council support an application to the Build Canada Fund—Communities
Component for the replacement of components of the water distribution system."
Disposition: Motion Carried Unanimously
(e) Staff Report F2008-33 regarding Financial Reporting.
File: F03
2008-498 Moved by E Ketchabaw
Seconded by M Taylor
"That Staff Report F2008-33 regarding financial reporting be received."
Disposition: Motion Carried Unanimously
10. ENVIRONMENT
1. CORRESPONDENCE& REPORTS No Items
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE& REPORTS
(a) Closed session minutes of the regular meeting of Council held September 18, 2008.
Council Minutes - 246 - October 2, 2008
Consideration deferred until the next meeting of the Committee of the Whole
12. BY-LAWS
By-law 2008-084 A Provisional By-law to provide for Drainage Works (Otters Edge
Municipal Drain)Deferred from September 4& 18, 2008 meetings
By-law 2008-093 A By-law to confirm all actions of Council
2008-499 Moved by M Taylor
Seconded by W Casier
"THAT Provisional By-law 2008-084 be read a first and second time."
Disposition: Motion Carried Unanimously
2008-500 Moved by W Casier
Seconded by M Taylor
"THAT confirming By-law 2008-093 be read a first, second and third time and finally
passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2008-501 Moved by M Taylor
Seconded by W Casier
"THAT the Council meeting be adjourned at 9:37 p.m."
Disposition: Motion Carried Unanimously
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MAY PU.' CLERK
Date Approved: O- ' /6/38-
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