HomeMy WebLinkAboutFebruary 01, 2007 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday February 1,2007
7:00 p.m.
8:00 p.m. Court of Revision (Schonberger)
The regular meeting of the Council of the Municipality of Bayham was held beginning at
7:00 p.m. on Thursday, February 1, 2007 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.
Planning Co-ordinator Margaret Underhill, Fire Chief Paul Groeneveld and Drainage
Superintendent Dwayne Daniel 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 Orientation Education&Training Session of Council held January 11,
2007
Minutes of the Special Meeting of Council held January 11, 2007
Minutes of the Regular Meeting of Council held January 18, 2007
2007-054 Moved by Wayne Casier
Seconded by Ed Ketchabaw
"THAT the minutes of the Orientation Training& Education meeting of Council
held January 11,2007 be approved as circulated."
Disposition: Motion Carried Unanimously
2007-055 Moved by Wayne Casier
Seconded by C. Evanitski
"THAT the minutes of the Special Meeting of Council held January 11,2007 be
approved as circulated."
Disposition: Motion Carried Unanimously
Council Minutes - 28 - February 1, 2007
2007-056 Moved by C. Evanitski
Seconded by M. Taylor
"THAT the minutes of the Regular Meeting of Council held January 18, 2007 be
approved as circulated."
Disposition: Motion Carried Unanimously
ADDED ITEM
2007-057 Moved by C. Evanitski
Seconded by Ed Ketchabaw
"THAT in accordance with Section 21 of Procedural By-law 2002-93,that a verbal
update regarding a delegation with M.D.E. in regards to the removal of the"high
use" designation on our water shed and a property update be added to the agenda
as items(s) 10.1(b) and 11.1(b) respectively."
Disposition: Motion Carried Unanimously
4. DELEGATIONS
(a) 7:00 p.m.—Ontario Flue-Cured Tobacco Growers' Marketing Board Director Rick
Cerna and Committeeman John Stewart were in attendance.
Mr. Cerna presented information requesting the federal and provincial governments to
undertake a Tobacco Exit Strategy program. As greenhouses are seeded in March for
the upcoming crop year, he stressed the importance of a government commitment by
March 1s. Mr. Cerna thanked Council for the opportunity to make the presentation
and responded to questions.
Mayor Acre read a resolution supported by local Mayors at a meeting held recently in
Tillsonburg.
Staff was directed to arrange a delegation with the Minister(s) at the upcoming Ontario
Good Roads Association conference later this month. (Item 6.1(a))
(b) 7:45 p.m.—The Joint cemetery board delegation was rescheduled to February 15tH
Council Minutes - 29 - February 1, 2007
5. INFORMATION ITEMS
2007-058 Moved by C. Evanitski
Seconded by Wayne Casier
"THAT information items 5(a)through 5(1) be received for information."
Disposition: Motion Carried Unanimously
(a) Museums Bayham draft minutes of meeting held December 13, 2006.
File: C06
(b) Correspondence from the Association of Municipalities of Ontario dated January 16,
2007 regarding"AMO Responds to Heavy-Handed Bill 140".
File: A01
(c) Correspondence from Landscape Ontario regarding Pesticide Reduction Education.
File: A01
(d) Correspondence dated January 2007 from Paralympics Ontario regarding hosting the
2008 Ontario Paralympic Summer Championships. (Package available)
File: A16
(e) News Release dated January 25, 2007 from the Minister of Municipal Affairs and
Housing regarding"McGuinty Government Applauds Durham Regional Council
Decision to Protect Greenbelt".
File: M06
(1) Elgin-St. Thomas Municipal Association correspondence dated January 25th regarding the
Annual Dinner Meeting on Wednesday April 4
rn
File: A16
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
I. CORRESPONDENCE&REPORTS
(a) Eliminating Tobacco Production in Canada-A Proposal from the Ontario Flue-Cured
Tobacco Growers' Marketing Board, March 2006.
File: A01
Council Minutes - 30 - February 1, 2007
2007-059 Moved by Ed Ketchabaw
Seconded by M. Taylor
"THAT the Eliminating Tobacco Production in Canada-A Proposal from the
Ontario Flue-Cured Tobacco Growers' Marketing Board, March 2006 be received
for information."
Disposition: Motion Carried Unanimously
2007-060 Moved by Wayne Casier
Seconded by M. Taylor
"WHEREAS the communities within the tobacco growing regions of Southwestern
Ontario have now collectively felt the impact of the deterioration of this once strong
rural economy and whereas this same deterioration continues to impact our
infrastructure,our ability to supply increasing demands on our social system and
most importantly on the local individuals, service and commercial entities that
service our population, and,
WHEREAS representatives (Mayors,Wardens) of this impacted region have met to
identify their common challenges and to review our collective strengths and
weaknesses,to ultimately provide the opportunity for `choice' to those residents in
our region most impacted by the downturn in the tobacco industry and to review
support for a complete exit from this same industry, and,
WHEREAS the Ontario Flue-Cured Tobacco Growers Marketing Board have
developed,in consultation with and support from the growers that they represent,
an 'Exit Strategy' that proposes a responsible, dignified and absolute support
mechanism for the individual and families who have invested their livelihoods in the
tobacco industry, and to the communities that their social and economic
contributions have historically benefited, therefore,
BE IT RESOLVED THAT, by support of this resolution the Federal and Provincial
Governments commit to and implement a full and complete 'Exit Strategy', similar
in principle and objectives of the program introduced by the OFCTGMB,be
implemented prior to March 1,2007, and furthermore,
THAT this resolution be forwarded to the individual Municipalities in the tobacco
growing region, and included with further communication to the Federal and
Provincial Ministers of Health,Finance,Labour,Treasury Board and Agriculture."
Disposition: Motion Carried Unanimously
(b) Staff Report D2007-007 regarding Beausoleil Rezoning Remove"Holding" designation.
File: D14
Council Minutes - 31 - February 1, 2007
2007-061 Moved by Wayne Casier
Seconded by M. Taylor
"THAT Staff Report D2007-007 regarding Beausoleil Rezoning Remove "Holding
be received;
AND THAT the zoning on a property owned by 598013 Ontario Ltd. (Brad
Beausoleil) described as Part Lot 123, Concession NTR, being Parts 1,2,4 and 5 on
Registered Plan 11R8705, be changed from Village Residential-Holding(Rl-h) to
Village Residential (R1) as submitted in the rezoning application;
AND THAT Zoning By-law No. Z536-2007 be presented to Council for enactment."
Disposition: Motion Carried Unanimously
7. ROADS,AGRICULTURE & DRAINAGE
2007-062 Moved by Wayne Casier
Seconded by C. Evanitski
"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
COURT OF REVISION-DRAINAGE
1. Purpose: To permit any owner of land assessed for Drainage Works as identified in
Drainage Report No. 205261 referred to as the Schonberger Drain Extension,
prepared by Spriet Associates to appeal their assessment.
2. Declaration of Pecuniary Interest and the General Nature Thereof None
3. Staff Presentation
Dwayne Daniel Drainage Superintendent presented Staff Report DR2007-003 and
confirmed that no appeals had been received by the Clerk.
4. Public Comments None
Council Minutes - 32 - February 1, 2007
5. Council Comments and Questions None
6. Disposition of Item
2007-063 Moved by Wayne Casier
Seconded by Ed Ketchabaw
"THAT Staff Report DR2007-003 be received;
"AND 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;
THEREFORE the Court of Revision for the Schonberger Drain Extension
Water Control Structure,hereby confirms the assessments as per the
Engineer's Report No. 205261 prepared by Spriet Associates dated
December 1,2006."
Disposition: Motion Carried Unanimously
7. Adjournment
2007-064 Moved by C. Evanitski
Seconded by Wayne Casier
"THAT the Court of Revision meeting be adjourned at 8:01 p.m."
Disposition: Motion Carried Unanimously
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
CORRESPONDENCE&REPORTS
(a) Correspondence dated January 18, 2007 from the Eden&Area Community Centre
requesting inclusion of roof replacing in the 2007 budget. Staff was requested to seek
confirmation as to whether repairs or replacement is required.
File: C13/F05
Council Minutes - 33 - February 1, 2007
2007-065 Moved by C. Evanitski
Seconded by Wayne Casier
"THAT the correspondence dated January 18, 2007 the Eden&Area
Community Centre be received;
AND THAT Council include costs to repair or replace the roof on the Eden
and Area Conununity Centre in the 2007 budget for consideration."
Disposition: Motion Carried Unanimously
(b) Staff Report P2007-001regarding Fire Department Annual Report.
File: P16
2007-066 Moved by Wayne Casier
Seconded by C. Evanitski
"THAT Staff Report P2007-001 regarding the Fire Department Annual
Report be received for information."
Disposition: Motion Carried Unanimously
(c) Staff Report P2007-003 regarding Ambulance Service
File: P16
2007-067 Moved by M. Taylor
Seconded by C. Evanitski
'THAT Staff Report P2007-003 be received;
THAT the concerns of the Municipality of Bayham regarding the extended response
times of ambulance to areas in Bayham be forwarded to Elgin County Council;
THAT the Municipality of Bayham requests the County to conduct a formal review
of the County ambulance service and develop a strategic plan for ambulance service
in the County;
AND THAT the County establish an Elgin County Ambulance Service Strategic
Planning Committee with representatives from each Elgin municipality."
Disposition: Motion Carried Unanimously
Council Minutes - 34 - February 1, 2007
(d) Staff Report P2007-005 regarding Emergency Management Program Annual Report.
File: P16
2007-068 Moved by C. Evanitski
Seconded by Wayne Casier
"THAT Staff Report P2007-005 regarding the Emergency Management Program
Annual Report be received for information."
Disposition: Motion Carried Unanimously
(e) Staff Report P2007-006 regarding Municipal Act—Marijuana Grow Operations.
File: P16
2007-069 Moved by Ed Ketchabaw
Seconded by M. Taylor
"THAT Staff Report#P2007-006 regarding Marijuana Grow Operations be
received;
AND THAT Council introduce a policy where the By-Law Enforcement Officer will
coordinate inspection activities related to the municipality's responsibilities under
the Municipal Act and the municipality will procure a Third Party Agency to assist
in the assessment and conducting of inspections of buildings containing grow
operations."
Disposition: Motion Carried Unanimously
(f) Staff Report P2007-004 regarding By-law Enforcement Program Annual Report.
File: P16
2007-070 Moved by Wayne Casier
Seconded by C. Evanitski
"THAT Staff Report P2007-004 regarding the By-Law Enforcement Annual Report
be received for information"
Disposition: Motion Carried Unanimously
(g) Correspondence dated January 12, 2007 from the Elgin Police Services Board regarding
Proposed Change to Percentage Contribution Levels and Policing Services Contract
Renewal.
File: P17
Council Minutes 35 - February 1, 2007
2007-071 Moved by Wayne Casier
Seconded by C. Evanitski
"That correspondence dated January 12, 2007 from the Elgin Police Services Board
regarding Proposed Change to Percentage Contribution Levels and Policing
Services Contract Renewal be received for information."
Disposition: Motion Carried Unanimously
(h) Correspondence from Matthew Redsell dated January 16, 2007 requesting placement of
Crime Stopper signage.
File: C13
2007-072 Moved by M. Taylor
Seconded by Ed Ketchabaw
"That correspondence dated January 16, 2007 requesting placement of Crime
Stopper signage in Port Burwell be received;
AND THAT Mr. Redsell attend a future Council meeting and bring signage
for review."
Disposition: Motion Carried Unanimously
(i) Staff Memorandum dated January 29, 2007 regarding East Beach Washroom Facilities—
Tender Process.
File: F18
2007-073 Moved by Ed Ketchabaw
Seconded by C. Evanitski
"That Staff Memorandum dated January 29,2007 regarding East Beach Washroom
Facilities Tender Process be received;
AND THAT staff be directed to contact the low bidder,Norfolk Elgin
Properties Inc. to advise Council will accept their bid as submitted."
Disposition: Motion Carried Unanimously
Council Minutes - 36 - February 1, 2007
9. FINANCE,ADMINISTRATION & PERSONNEL
Y. CORRESPONDENCE&REPORTS
(a) Cheque Register being Cheque#1951 to Cheque#2046 inclusive, except# 1733
and 1958 totaling$175,759.61 and Payroll Disbursements for the period ending
January 14th totaling$47,386.19
2007-074 Moved by W Casier
Seconded by M Taylor
"THAT the Cheque Register, being Cheque# 1872 to Cheque#1950,
inclusive, except cheques # 1733 and 1958 totaling$175,759.61 and Payroll
Disbursements for the period ending January le totaling$47,386.19 be
approved."
Disposition: Motion Carried Unanimously
(b) Elgin Military Museum correspondence dated January 16, 2007 requesting a support
grant in the amount of$1,277.
File: C13
2007-075 Moved by M Taylor
Seconded by W Casier
"THAT the correspondence dated January 16,2007 from the Elgin Military
Museum be received;
AND THAT a municipal assistance application form be forwarded to the museum
for completion and return no later than February 28/07 for consideration by
Council."
Disposition: Motion Carried Unanimously
(c) Correspondence dated January 15, 2007 from the Elgin Group Police Services Board
regarding Proposed 2007 Operational Budget.
File: P17/F05
2007-076 Moved by Ed Ketchabaw
Seconded by W Casier
"THAT the correspondence dated January 15,2007 from the Elgin Group
Police Services Board be received;
Council Minutes - 37 - February 1, 2007
AND THAT the Council of the Municipality of Bayham supports the
proposed 2007 Police Services Board Operational Budget."
Disposition: Motion Carried Unanimously
(d) Correspondence dated January 19, 2007 regarding LPRCA 2007 Preliminary
Budget.
File: A16/F05
2007-077 Moved by W Casier
Seconded by Ed Ketchabaw
"THAT the correspondence dated January 19, 2007 from the Long Point
Region Conservation Authority be received;
AND THAT the Council of the Municipality of Bayham supports the
proposed 2007 Preliminary Budget."
Disposition: Motion Carried
(e) Staff Report PR2007-01 regarding the Food concession Tender—Municipal Beach
File: L04
2007-078 Moved by C. Evanitski
Seconded by Ed Ketchabaw
"THAT the Staff Report PR2007-01 be received;
AND THAT a By-law be prepared to authorize the extension of the term of the food
concession booth agreement with Mae C. Legg for Council's consideration."
Disposition: Motion Carried
(f) Staff Report C2007-001 regarding Council Remuneration.
File: H09
2007-079 Moved by C. Evanitski
Seconded by Ed Ketchabaw
"THAT, in accordance with s.283 of the Municipal Act, SO 2001, one-third of
the remuneration paid to an elected member of council continue to be for
expenses incident to the discharge of his/her duties as a member of council;
Council Minutes - 38 - February 1, 2007
THAT the remuneration rates for members of Council for the years 2007
and 2008, be adopted as follows:
2007 2008
Mayor $ 15,244 $ 15,701
Deputy Mayor 11,432 11,775
Councillor 8,892 9,159
THAT the rates be adjusted annually thereafter by the percentage increase
provided under the CUPE collective agreement for such year;
AND THAT the adjusted rates for 2006 be paid retroactively to members of
Council in office that year;
AND THAT the current health benefits program continue to be made
available to members of Council on an individual basis,with the premiums to
be paid by the individual."
Disposition: Motion Carried Unanimously
(g) Draft Appointments By-law 2007-001 and Report C2006-013 from December 5th,
2007-080 Moved by C. Evanitski
Seconded by Ed Ketchabaw
"THAT Council appointments By-law 2007-001, as discussed, be presented to
Council for enactment."
Disposition: Motion Carried Unanimously
2. UNFINISHED BUSINESS
(a) Staff Report F2007-07 regarding Cemetery Board Interest.
File: F03
10. ENVIRONMENT
I. CORRESPONDENCE&REPORTS
(a) Correspondence dated January 15, 2007 regarding Marketing of Blue Box Materials.
File: E07
Council Minutes - 39 - February 1, 2007
2007-081 Moved by W Casier
Seconded by C. Evanitski
"THAT the correspondence dated January 15, 2007 regarding Marketing of Blue
Box Materials be received for information."
Disposition: Motion Carried Unanimously
(b) Verbal Report by Mayor Acre
Mayor Acre reported that, at a recent meeting in Norfolk, concerns were raised that the
existing "high water use"designation for our watershed is restricting issuance of new
water use permits.
It was noted that permits for long-time agricultural use restrict approvals for value-
added commercial or industrial use applicants (such as vegetable processors). In
addition, the amount of tobacco grown in the area has been reduced significantly in
the last few years, being replaced by crops that in most cases do not require irrigation.
Deputy Mayor Evanitski added that there is no major fluctuations in the aquafir with
about 8% of the water currently being used
MOTION TO EXTEND LENGTH OF MEETING
2007-082 Moved by M Taylor,
Seconded by C. Evanitski
"THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall
deal with business until 11:15 p.m. at its meeting of February 1, 2007."
Disposition: Motion Carried Unanimously
11. COMMITTEE OF THE WHOLE
2007-083 Moved by C. Evanitski
Seconded by W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole to discuss:
❑ the security of the property of the municipality or local board;
u personal matters about an identifiable individual,including municipal
or local board employees."
Disposition: Motion Carried Unanimously
Council Minutes -40 - February 1, 2007
2007-084 Moved by W Casier
Seconded by C. Evanitski
"THAT the Committee of the Whole do now rise from the"In Camera"
session."
Disposition: Motion Carried Unanimously
L CORRESPONDENCE&REPORTS
(a) Staff Report H2006-11 regarding a confidential personal matter.
12. BY-LAWS
Z536-2007 A By-law to Further Amend Zoning By-law Z456-2003
2007-001 A By-law to Appoint Committee Representatives
2007-014 A By-law to confirm all actions of Council
2007-085 Moved by Ed Ketchabaw
Seconded by M Taylor
"THAT By-laws Z536-2007 and 2007-001 be read a first, second and third
time and finally passed."
Disposition: Motion Carried Unanimously
2007-086 Moved by C. Evanitski
Seconded by M Taylor
"THAT confirming By-law 2007-014 be read a first, second and third time
and finally passed."
Disposition: Motion Carried Unanimously
Council Minutes -41 - February 1, 2007
13. ADJOURNMENT
2007-087 Moved by W Casier
Seconded by C. Evanitski
"THAT the meeting be adjourned at 11:14 p.m."
Disposition: Motion Carried Unanimously
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Mayo Clerk
Date Approved: 6 '5lo 7