HomeMy WebLinkAboutNovember 06, 2008 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday November 6, 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,
November 6, 2008 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 Deputy Clerk Margaret Underhill.
Chief Building Official/Drainage Superintendent Bill Kifton was in attendance to present his
report.
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 October 16, 2008
2008-523 Moved by W Casier
Seconded by E Ketchabaw
"THAT minutes of the regular meeting of Council held October 16,2008 be
approved as circulated."
Disposition: Motion Carried Unanimously
Minutes of the special meeting of Council held October 23, 2008
2008-524 Moved by E Ketchabaw
Seconded by W Casier
"THAT minutes of the special meeting of Council held October 23,2008 be
approved as circulated."
Disposition: Motion Carried Unanimously
Council Minutes - 259 - November 6,2008
Minutes of the special meeting of Council held October 28, 2008
2008-525 Moved by W Casier
Seconded by E Ketchabaw
"THAT minutes of the special meeting of Council held October 28, 2008 be
approved as circulated."
Disposition: Motion Carried Unanimously
Minutes of the special meeting of Council held October 30, 2008
2008-526 Moved by E Ketchabaw
Seconded by W Casier
"THAT minutes of the special meeting of Council held October 30,2008 be
approved as circulated."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
7:05 p.m. Lee Locker, Dave Mennill and Blair Barons—spoke to Council regarding
the"Corner Cupboard"in Aylmer. They provided an outline of the services provided and
the need for those services in Bayham and surrounding area.
2008-527 Moved by C Evanitski
Seconded by M Taylor
"THAT the Municipality of Bayham provide a grant of$1,500 to the Corner
Cupboard for 2008"."
Disposition: Motion Carried Unanimously
7:20 p.m.Wanda Hoshal—
Mrs. Hoshal advised Council that she has contacted the Ministry of Municipal Affairs
and Housing, Steve Peters MPP office and Joe Preston MP office regarding the
Estherville Cemetery. She has also spoken to Mr. Hoover, Ontario Genealogical Society,
and was told that they would investigate the property. Mrs. Hoshal also stated that the
Cemetery Regulation Board considers it to be an open cemetery. She also expressed
concern that the proposed use of the new barn on the property is not permitted under the
Al Agricultural Zone.
Mayor Acre advised that an inspector from the Cemeteries Regulations Branch was here
recently. K. Kruger added that an on-site inspection was conducted with a report
Council Minutes - 260 - November 6, 2008
expected within 30 days of the inspection and that no report has been received as yet.
When asked about the archaeological survey, K. Kruger responded by saying that the
survey was conducted in the stripped area where the new barn is now located. Mrs.
Hoshal stated that the new building appears to be where the former Baptist church stood
and that there were no bodies in this location but that the bodies were located around the
church. Mayor Acre stated that further studies are underway and that staff and Council
will address the zoning concern in the future.
Councillor Ketchabaw asked Mrs. Hoshal if she would be willing to share with staff and
Council the new information that she has gathered. Mrs. Hoshal responded by stating
that she has incurred some expense in gathering this research and asked if Council is
willing to take responsibility for the further research and related expenses.
K. Kruger advised that a title search was completed and that the search went back as far
as the 1800s. Mayor Acre added that the search showed that the property was never
municipally owned.
Councillor Ketchabaw acknowledged that this issue could not be resolved in this meeting.
He suggested that staff bring Council up to date on the activities and information
gathered thus far.
Mrs. Hoshal thanked Council for their time and reiterated her wish to have the matter
resolved as soon as possible.
7:56 n.m. Mat Redsell—Mr. Redsell acknowledged that the meeting was behind
schedule and requested that his presentation regarding sustainable living and the future of
Port Burwell be deferred to another meeting.
5. INFORMATION ITEMS
2008-528 Moved by E Ketchabaw
Seconded by W Casier
"THAT information items 5(a) through 5(k)be received for information."
Disposition: Motion Carried Unanimously
(a) Elgin Group Police Services Board minutes of meeting held October 1, 2008.
File: C06
(b) Correspondence dated October 2008 from Ministry of Citizenship and Immigration
regarding"Ontario's volunteer recognition programs for the year 2009".
File: A16
(c) Correspondence dated October 17, 22, 29 and 31, 2008 from Association of
Municipalities of Ontario regarding"Minister Launches Review of Blue Box Program
Council Minutes -261 - November 6, 2008
and Waste Diversion Act", "Province Delivers Fall Economic Statement", "Ontario
Proposes Ban on Cell Phones While Driving" and"Report of the Provincial-Municipal
Fiscal and Service Delivery Review Released".
File: A01
(d) Correspondence dated October 1, 2008 from Ontario Power Generation regarding"Semi-
annual Performance Report". Report available upon request
File: A01
(e) Correspondence from Local Authority Services Ltd. regarding"Elected Officials Group
Benefits Plan".
File: F12
(f) Copy of correspondence dated October 24, 2008 sent from Steve Peters,M.P.P. to
Minister of Municipal Affairs and Housing and Minister of Small Business and
Consumer Services regarding"Estherville Cemetery".
File: A16
(g) Correspondence received October 21, 2008 from Active Healthy Kids Canada regarding
"2008 Report Card on Physical Activity for Children and Youth". Report available upon
request
File: R06
(h) Copy of resolution passed September 22, 2008 by the Council of the Town of East
Gwillimbury regarding"Safer Roads in our Community".
File: C10
(i) Correspondence dated October 31, 2008 from Minister Jim Watson regarding the"Report
of the Provincial Municipal Fiscal and Service Delivery Review".
File: A16
(j) Correspondence dated October 24, 2008 from Ministry of Education regarding
"Premier's Awards for Teaching Excellence".
File: A16
(k) Correspondence dated October 15, 2008 from Ontario Federation of Labour regarding
"Community Social Service Workers Appreciation Day".
File: A16
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
1. CORRESPONDENCE&REPORTS
(a) Staff Report D2008-042 regarding Romart Inv. Inc. Severance E76/08 E77/08.
File: D10.08
Council Minutes - 262 - November 6, 2008
2008-529 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report D2008-042 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E76/08, submitted by Romart Inv Inc., be approved subject
to:
1. realignment of the parcel to include the existing right of way
2. $500 cash-in-lieu parkland dedication fee payable to the municipality
3. Lot Grading and storm water management plan
4. a municipal drain
5. fmal survey submitted to the municipality
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E77/08, submitted by Romart Inv Inc., be approved subject
to:
1. realignment of the parcel to include the existing driveway
2. $500 cash-in-lieu parkland dedication fee payable to the
Municipality
3. Lot Grading and storm water management plan
4. a municipal drain
5. fmal survey submitted to the municipality."
Disposition: Motion Carried Unanimously
(b) Staff Report D2008-043 regarding 571515 Ontario Inc. (Cox) Severance E72/08.
File: D10.08
2008-530 Moved by E Ketchabaw
Seconded by W Casier
"THAT Staff Report D2008-043 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E72/08, submitted by 571515 Ontario Inc., be approved
subject to:
1. $500 cash-in-lieu payment to the Municipality for one newly
created lot
2. proof of adequate supply of potable water through water quantity
and quality testing or written confirmation from the Richmond
Community Water Board for connection to the private system
3. apportionment of assessment for drainage as per the Drainage Act
requirements, as applicable
4. municipal lot assessment for septic availability
Council Minutes - 263 - November 6, 2008
5. lot grading plan
6. final survey submitted to the municipality."
Disposition: Motion Carried Unanimously
(c) Staff Report D2008-044 regarding Peters Severance E75/08.
File: D10.08
2008-531 Moved by E Ketchabaw
Seconded by W Casier
"THAT Staff Report D2008-044 be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
severance application E75/08,submitted by Abraham and Emma Peters, be
approved subject to:
1. $500 cash-in-lieu payment to the Municipality for one newly
created lot
2. apportionment of assessment for drainage as per the Drainage Act
requirements, as applicable
3. amendment to the zoning by-law for the reduced lot frontage on
the severed parcel
4. final survey submitted to the municipality."
Disposition: Motion Carried Unanimously
(d) Staff Memorandum regarding Landscape Plans—Minor Variance Applications A03 and
A04.
2008-532 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Staff Memorandum regarding Landscape Plans—Minor Variance
Applications A-03/08 and A-04/08 be received;
AND THAT consideration of the landscape plan be deferred until Council receives
confirmation regarding lot consolidation."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE&REPORTS
Council Minutes - 264 - November 6, 2008
(a) Correspondence dated October 20, 2008 from the Straffordville Santa Claus Parade
Committee regarding the Annual Santa Claus Parade scheduled for 10:30 a.m. December
13, 2008.
File: T09
2008-533 Moved by M Taylor
Seconded by C Evanitski
"THAT Correspondence dated October 20, 2008 from the Straffordville
Santa Claus Parade Committee be received;
"THAT the Council of the Municipality of Bayham approves the request by the
Straffordville Santa Claus Parade Committee for permission to use streets within
Straffordville for the Santa Claus Parade to be held Saturday December 13,2008 at
10:30 a.m., subject to the provision of proof of liability insurance coverage in the
amount of$2 million;
THAT Old Chapel Street south of Heritage Line be temporarily closed during the
parade;
THAT the County of Elgin be requested for permission to use Plank Road and
Heritage Line between at 10:30 and 11:30 a.m. for the parade;
AND THAT the Bayham Public Works Superintendent be directed to provide the
necessary provisions for traffic control and safety."
Disposition: Motion Carried Unanimously
(b) Correspondence dated October 15, 2008 from Tim Emerson regarding"the bridge
on Edison Drive".
File: C13
2008-534 Moved by E Ketchabaw
Seconded by C Evanitski
"THAT Correspondence dated October 15,2008 from Tim Emerson be
received;
AND THAT the correspondence be forwarded to appropriate County staff for
comment."
Disposition: Motion Carried Unanimously
Council Minutes - 265 - November 6, 2008
(c) Staff Report DR2008-022 regarding No.1 Municipal Drain Improvements.
File: E09
2008-535 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report DR2008-022 be received;
AND THAT Council appoints Spriet Associates as the Engineers to make an
examination of the drainage area and prepare a preliminary report for
Council's consideration."
Disposition: Motion Carried Unanimously
Court of Revision Appointments&Affirmations
2008-536 Moved by C Evanitski
Seconded by M Taylor
"THAT in accordance with the provisions of the Drainage Act, the Council of
the Municipality of Bayham appoints Mayor Lynn Acre,Deputy Mayor Cliff
Evanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw to sit
as members of the Court of Revision;
AND THAT Lynn Acre 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. 8:00 p.m. Application: Court of Revision regarding the Otters Edge Municipal
Drain; and present to Council the Provisional By-law for third reading,provided
no appeals are received
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation: Staff Report DR2008-021 regarding Otters Edge Municipal
Drain Court of Revision was presented by Drainage Superintendent, Bill Knifton.
He advised no written no appeals have been received by the Clerk.
4. Public Comments: None
Council Minutes - 266 - November 6, 2008
5. Council Comments and Questions: None
6. Adjournment:
2008-537 Moved by M Taylor
Seconded by C Evanitski
"THAT the Court of Revision Meeting be adjourned at 8:10 p.m."
Disposition: Motion Carried Unanimously
7. Disposition of Item
2008-538 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Report DR2008-021 be received;
"THAT in accordance with Section 58, Chap.D.17 of the Drainage Act, R.S.O. 1990
the appeal period which allows any owner of land assessed for drainage works to
appeal that road or land has been assessed too high or too low or that any land or
road that should be assessed has not been assessed, or that due consideration has not
been given as to type of use of land, may personally, or by agent, appeal to the Court
of Revision by giving notice in writing to the Clerk of the Municipality has expired
and either no appeals have been received or all appeals have been decided by the
Court of Revision;
AND THAT Provisional By-Law#2008-084, being a By-Law to provide for
drainage works in the Municipality of Bayham for the construction of the
Otters Edge Municipal Drain be presented to Council for third reading and
enactment;
AND provided no appeals be received at the Court of Revision, Staff be instructed
to proceed with tendering process."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
CORRESPONDENCE&REPORT
(a) Building Permit Report for the month ending October 31, 2008.
File: P10
Council Minutes - 267 - November 6, 2008
2008-539 Moved by E Ketchabaw
Seconded by W Casier
"THAT Building Permit Report for the month ending October 31,2008 be
received for information."
Disposition: Motion Carried Unanimously
(b) Staff Report P2008-026 regarding Building Bylaw Amendment—Grading Plan Deposits.
File: P10
2008-540 Moved by W Casier
Seconded by E Ketchabaw
"THAT Staff Report P2008-026 be received;
AND THAT draft By-law No. 2008-097,being a by-law to amend By-law No. 2007-
023, be presented to Council for enactment."
Disposition: Motion Carried Unanimously
(c) Correspondence dated October 8, 2008 from Suzanne Crellin and Tyler Vincent
requesting to use the Port Burwell Memorial Park on Saturday July 18, 2009 for a
wedding ceremony.
File: C13
2008-541 Moved by M Taylor
Seconded by W Casier
"THAT the correspondence dated October 8,2008 from Suzanne Crellin and
Tyler Vincent be received;
AND THAT permission be granted to use the Memorial Park in Port Burwell
on Saturday July 18,2009 between 11:00 a.m. and 8:00 p.m. subject to:
❑ provision of proof of liability insurance coverage naming the
Municipality of Bayham as an additional insured, in the amount of$2
million, and
❑ clean up and repair of any damage to the park area be the
responsibility of the organizers."
Disposition: Motion Carried Unanimously
Council Minutes -268 - November 6, 2008
(d) Staff Memorandum regarding Permits for Trapping on Municipal Properties.
File: P14
2008-542 Moved by C Evanitski
Seconded by M Taylor
"THAT Staff Memorandum regarding Permits for Trapping on Municipal
Properties be received;
AND THAT staff be authorized to issue the suggested letter of permission
upon receipt of the required waiver form and insurance."
Disposition: Motion Carried
9. FINANCE,ADMINISTRATION & PERSONNEL
I. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#5361to Cheque#5442 inclusive, and totaling
$204,669.10 and Payroll Disbursements for the period ending October 19, 2008,
totaling$48,801.97.
2008-543 Moved by M Taylor
Seconded by W Casier
"THAT Cheque Register being Cheque#5361to Cheque#5442 inclusive, and
totaling$204,669.10 and Payroll Disbursements for the period ending
October 19, 2008, totaling$48,801.97 be approved."
Disposition: Motion Carried Unanimously
(b) Museums Bayham draft minutes of meeting held October 14, 2008 (Item 9(d) requires
Council action).
File: C06
2008-544 Moved by W Casier
Seconded by M Taylor
"THAT Museums Bayham draft minutes of meeting held October 14,2008 be
received;
AND THAT Council approves the de-accession and sale of one Lister air
compressor."
Disposition: Motion Carried Unanimously
Council Minutes - 269 - November 6,2008
(c) Correspondence dated October 17, 2008 from Port Burwell Bayham Br. 524 regarding
"Poppy Campaign" and"Remembrance Day Services".
File: C13
2008-545 Moved by M Taylor
Seconded by C Evanitski
"THAT the correspondence dated October 17, 2008 from Port Burwell Bayham Br.
524 be received."
Disposition: Motion Carried Unanimously
(d) Correspondence dated October 17, 2008 from Long Point Region Conservation Authority
regarding"2008 Municipal Levy".
File: A16
2008-546 Moved by E Ketchabaw
Seconded by M Taylor
"THAT the correspondence dated October 17, 2008 from Long Point Region
Conservation Authority be received;
AND THAT amounts budgeted in 2008 for LPRCA special projects be carried
forward to 2009."
Disposition: Motion Carried
(e) Staff Report C2008-009 regarding Municipal Website Hosting.
File: A03
2008-547 Moved by W Casier
Seconded by M Taylor
"THAT Staff Report C2008-009 be received;
AND THAT staff be authorized to finalize arrangements with iCompass for its iWeb
services."
Disposition: Motion Carried Unanimously
Council Minutes -270 - November 6, 2008
10. ENVIRONMENT
1. CORRESPONDENCE&REPORTS No Items
11. COMMITTEE OF THE WHOLE
1. CORRESPONDENCE&REPORTS No Items
12. BY-LAWS
By-law 2008-084 Provisional By-Law to provide for drainage works (Otter's Edge
Municipal Drain) (3rd reading only)
By-law 2008-097 A By-law to further amend B/L 2007-023 and to repeal B/L 2007-
082 (Building By-law)
By-law 2008-098 A By-law to stop up, close and convey that part of the unopened
road allowance known as First Alley(Second and Third Reading)
By-law 2008-100 A By-law to authorize the execution of an agreement for winter control
services (Wilson)
By-law 2008-101 A By-law to authorize the execution of an agreement for winter control
services (Underhill Bros.)
By-law 2008-102 A By-law to authorize the execution of a contract for winter control
services (Laemers Trucking)
By-law 2008-103 A By-law to authorize the execution of a contract for winter control
services (Sproul)
By-law 2008-104 A By-law to appoint a Manager of Public Works (LeMay)
By-law 2008-105 A By-law to confirm all actions of Council
2008-548 Moved by W Casier
Seconded by M Taylor
"THAT By-law 2008-084 be read a third time and finally passed."
Disposition: Motion Carried Unanimously
Council Minutes -271 - November 6, 2008
2008-549 Moved by M Taylor
Seconded by W Casier
"THAT By-law 2008-098 be read a second and third time and finally passed."
Disposition: Motion Carried Unanimously
2008-550 Moved by E Ketchabaw
Seconded by W Casier
"THAT By-law 2008-097,2008-100,2008-101, 2008-102,2008-103 and 2008-104 be
read a first, second and third time and finally passed."
Disposition: Motion Carried Unanimously
2008-551 Moved by M Taylor
Seconded by W Casier
"THAT confirming By-law 2008-105 be read a first, second and third time and
finally passed."
Disposition: Motion Carried Unanimously
13. ADJOURNMENT
2008-552 Moved by E Ketchabaw
Seconded by W Casier
"THAT the Council meeting be adjourned at 9:40 p.m."
Disposition: Motion Carried Unanimously
• uf, >
MA '0 ' C DEP LERK
Date Approved: 410 V 24 6i