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HomeMy WebLinkAboutDecember 18, 2014 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, ON Council Chambers Thursday, December 18, 2014 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, December 18, 2014 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Tom Southwick, Councillors Randy Breyer, Wayne Casier and Ed Ketchabaw, Administrator Paul Shipway and Clerk Lynda Millard. Planning Coordinator I Deputy Clerk Margaret Underhill and Drainage Superintendent Bill Knifton were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST&THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS There were no announcements. 5. DELEGATIONS (a) 7:05 p.m. - Presentation of award to Brian Masschaele. Straffordville and Port Burwell Library Branch Supervisor Susan Morrell, Community Access Site-Youth Initiative Worker Faith Braun and Brian Masschaele regarding update on Library services provided. Prior to the presentation, Mayor Ens presented a certificate to Brian Masschaele, recognizing his 11 years of volunteer service on the Port Burwell Marine and Edison Museum of Vienna Boards and the Museums Bayham Board. The Supervisor and her assistant updated Council on activities, programs and rising attendance numbers at the two library sites in Bayham through a power point presentation and responded to Council questions. 2014-587 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT the presentation regarding the Straffordville and Port Burwell Libraries be received for information." CARRIED UNANIMOUSLY Page 1 of 10 Council Minutes December 18, 2014 (b) 7:15 p.m. - Bev Hickey, Chairman, Port Burwell Historical Society Wheelhouse Sub Committee regarding permission for placement of wheelhouse on Marine Museum property. Representing the Wheelhouse Committee, Mr. Hickey thanked Council for hearing from the group and introduced Committee members, Ron Bradfield, Charles Buchanan and Barry Wade who advised of their progress in acquiring the wheelhouse and proposed site plans for placement, noting that the Port Burwell Historical Society has accepted responsibility for the project. It was noted that funds are proposed to be raised through lottery ticket sales while donations and offers of in kind services have already raised $8,600 in pledges. Members responded to Council questions during discussion. 2014-588 Moved by: Councillor R Breyer Seconded by: Deputy Mayor T Southwick "THAT the presentation regarding the proposed Wheelhouse be received for information." CARRIED UNANIMOUSLY (c) 8:15 p.m. - Donna Nevill and rose Gardner regarding Straffordville Community Centre. Donna Nevill, Lions Club and Rose Gardener, Straffordville Community Committee representatives made a powerpoint presentation, noting the importance of having a Community Centre in Straffordville for local activities, fundraisers and special events and responded to questions from Council. Several signed petition sheets were provided to the Clerk. 2014-589 Moved by: Councillor W Casier Seconded by: Deputy Mayor T Southwick "THAT the presentation by the Straffordville Lions Club be received for information." CARRIED UNANIMOUSLY 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Minutes of the regular meeting of Council held December 4, 2014, capital budget meeting held December 8, 2014 and special meeting held December 9, 2014. 2014-590 Moved by: Deputy Mayor T Southwick Seconded by: Councillor W Casier "THAT the minutes of the regular meeting of Council held December 4, 2014, capital budget meeting held December 8, 2014 and special meeting held December 9, 2014 be approved as circulated." CARRIED UNANIMOUSLY Page 2 of 10 Council Minutes December 18,2014 7. MOTIONS AND NOTICE OF MOTION - None 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT- None 1. CORRESPONDENCE RECEIVE FOR INFORMATION - None REQUIRING ACTION —None 2. REPORTS TO COUNCIL— None 9. PHYSICAL SERVICES - EMERGENCY SERVICES 1. CORRESPONDENCE RECEIVE FOR INFORMATION — None REQUIRING ACTION - None 2. REPORTS TO COUNCIL (a) Report PS-23114 of Vance Czerwinski Manager of Public Works re 2015 County Road Maintenance Payments. File: L04 2014-591 Moved by: Councillor W Casier Seconded by: Deputy Mayor T Southwick "THAT Report PS-23/14 re 2015 County Road Maintenance Payments be received for information; AND THAT Council accept the 2015 County Road Maintenance Payment Schedule." CARRIED UNANIMOUSLY 10. DEVELOPMENT SERVICES -SUSTAINABILITY AND CONSERVATION 1. CORRESPONDENCE—None RECEIVE FOR INFORMATION - None REQUIRING ACTION —none 2. PUBLIC MEETING 7:30 p.m. Official Plan and Zoning By-Law Amendments 2014-592 Moved by: Councillor R Breyer Seconded by: Councillor W Casier "THAT the Council Meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY CALL TO ORDER Mayor Ens called the Public Meeting to order at 7:30 p.m. DISCLOSURES OF PECUNIARY INTEREST No disclosures of pecuniary interest were declared. Page 3 of 10 Council Minutes December 18, 2014 CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING St. Paul's United Church, Port Burwell PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT The purpose of the application is to change the land use designation on a parcel of land from the "Institutional" designation to the"Residential" designation in the Official Plan and to change the zoning on the same parcel from the Institutional (I)Zone to the Village Residential (R1) Zone. The effect of the amendment would be to convert the church building to a residential dwelling in accordance with the 'Village-Residential' policies of the Official Plan. The subject parcel is located on the southwest corner of Robinson Street and Erieus Street and has a municipal address of 41 Erieus Street in the village of Port Burwell. PUBLIC PARTICIPATION There was none. CORRESPONDENCE A written letter of support from a neighbor was received regarding the proposed Official Plan Amendment and re-zoning by-law for the United Church located on Erieus Street in Port Burwell. There were no written or verbal comments from the public or Council in opposition. OTHER BUSINESS There was none. ADJOURNMENT 2014-593 Moved by: Councillor W Casier Seconded by: Councillor R Breyer "THAT the Public Meeting be adjourned and the Council Meeting be reconvened at 7:40 p.m." CARRIED UNANIMOUSLY 3. PUBLIC MEETING 8:00 p.m. Building Fees By-Law 2014-594 Moved by: Councillor W Casier Seconded by: Councillor R Breyer "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the Ontario Building Code." CARRIED UNANIMOUSLY CALL TO ORDER Mayor Ens called the Public Meeting to order at 8:00 p.m. Page 4 of 10 Council Minutes December 18, 2014 DISCLOSURES OF PECUNIARY INTEREST No disclosures of pecuniary interest were declared. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING Building fees by-law PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT The purpose is to consider a proposed amendment to the building fees by-law. The effect of the amendment would be to change the rates for building permits. PUBLIC PARTICIPATION 1 CORRESPONDENCE There were no written or verbal comments from the public or Council for or against the proposed fees by-law. OTHER BUSINESS There was none. ADJOURNMENT 2014-595 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT the Public Meeting be adjourned and the Council Meeting be reconvened at 8:03 p.m." CARRIED UNANIMOUSLY 4. REPORTS TO COUNCIL (a) Report DS-01/14 by Bill Knifton, Chief Building Official/Drainage Superintendent re Maygar-Dieleman Drain. File: E09 2014-596 Moved by: Councillor W Casier Seconded by: Councillor R Breyer 1. THAT Report DS-01/14 re the Magyar-Dieleman Drain be received for information; 2. THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #212102 dated November 10, 2014 for the Magyar-Dieleman Drain, as prepared by Spriet Associates, and filed with the Clerk on December 1, 2014; 3. THAT Council set a date for the Public Meeting to he held on January 8, 2015 at 8:00 pm to consider the Report; 4. AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works, and in accordance with the Drainage Act. CARRIED UNANIMOUSLY Page 5 of 10 Council Minutes December 18, 2014 (b) Report DS-02/14 by Margaret Underhill, Deputy Clerk/Panning Coordinator re Official Plan Amendment-OPA 13, as Amended. File: D09 2014-597 Moved by: Councillor W Casier Seconded by: Councillor R Breyer 1. THAT Reports DS-01/14 and DS-02114 regarding the amendment be received for information; 2. AND THAT By-law 2014-116, being an adopting By-law for Official Plan Amendment No. 13, as amended, regarding general amendments to Section 2.1.7 of the Municipality of Bayham Official Plan to accommodate both the specific Ringland proposal, as well as, future applications for the severance of surplus farm dwellings be presented to Council for enactment; 3. AND THAT adopted Official Plan Amendment No. 13, as amended, be forwarded to the County of Elgin for approval. CARRIED UNANIMOUSLY (c) Report DS-03/14 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Official Plan Amendment No. 14 and Zoning By-law Z634-2014. File: D09 2014-598 Moved by: Councillor E Ketchabaw Seconded by: Deputy Mayor T Southwick 1. THAT Report DS-03/14 re Official Plan Amendment No. 14 and Zoning By- law Z634-2014 be received for information; 2. AND THAT By-law 2014-122, being an adopting By-law for Official Plan Amendment No. 14 regarding lands designated as `Institutional" being changed to "Residential" in the Municipality of Bayham Official Plan be presented for enactment; 3. AND THAT adopted Official Plan Amendment No. 14 be forwarded to the County of Elgin for approval; 4. AND THAT subject to the County of Elgin approval of the Official Plan Amendment No. 14 that Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the subject lands from the Institutional (I) Zone to the Village Residential (R1) Zone; 5. AND THAT Zoning By-law Z634-2014 be presented to Council for First and Second reading." CARRIED UNANIMOUSLY 11. FINANCE AND ADMINISTRATION 1. CORRESPONDENCE RECEIVE FOR INFORMATION (a) Forum for Young Canadians re new website and online application process. File: A01 (b) Long Point Region Conservation Authority re Board of Directors Meeting Schedule. File: A16 Page 6 of 10 Council Minutes December 18, 2014 (c) County of Elgin re Approval of Official Plan Amendment No. 12. File: A16 (d) Ministry of Tourism, Culture and Sport re research project on the capacity of community-based sport and recreation not-for-profits in Ontario. File: A16 (e) Ministry of Citizenship, Immigration and International Trade re Ontario Medal for Young Volunteers. File: A16 (f) Museums Bayham minutes of meeting held December 10, 2014. File: C06 (g) Township of Pelee re Council Resolution 142 Canada Post residential home delivery and 143 OPP Billing Model. File: C10 (h) Newspaper Ad re representative on Elgin County Land Division Committee and participants for Doors Open East Elgin. (i) Cheque Register being Cheque #017790 to Cheque#017903 totaling $1,490,529.22 and Payroll Disbursements for the period ending December 7, 2014 totaling $118,035.12. 2014-599 Moved by: Deputy Mayor T Southwick Seconded by: Councillor E Ketchabaw "THAT information items 11.1.1 (a) -(I) be received for information." CARRIED UNANIMOUSLY REQUIRING ACTION Elgin Military Museum correspondence re motion to create a sub-committee to develop a new management structure for Project Ojibwa. File: D06 2014-600 Moved by: Councillor W Casier Seconded by: Councillor Ketchabaw "THAT correspondence from Elgin Military Museum re motion to create a sub- committee to develop a new management structure for Project Ojibwa be received; AND THAT staff be directed to set up a meeting with the EMM to discuss the same." CARRIED UNANIMOUSLY 2. REPORTS TO COUNCIL (a) Report CAO-08114 by Paul Shipway, Administrator re Water Financial Plan. File: E08 2014-601 Moved by: Councillor R Breyer Seconded by: Deputy Mayor T Southwick "THAT Report CAO-08114 re Water Financial Plan be received for information." CARRIED UNANIMOUSLY Page 7 of 10 Council Minutes December 18, 2014 (b) Report CAO-09114 by Paul Shipway, Administrator re Proposed 2015 Fee By-Law. File: C07 2014-602 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT Report CAO-09114 re Proposed 2015 Fee By-Law be received for information; AND THAT staff be directed to bring forward a Rates and Fees By-law for Council consideration." CARRIED 12. BY-LAWS (a) By-Law Z634-2014 Being a by-law to further amend By-Law Z456-2003 by amending Schedule "I" by deleting certain lands from the Institutional (I) Zone and adding to the Village Residential (R1) Zone (b) By-Law 2014-116 Being a by-law to amend the Official Plan of the Municipality of Bayham (c) By-Law 2014-120 Being a by-law to regulate building construction, demolition, change of use permits, septic systems, sewer connection permits and inspections and to repeal By-Law 2012-010, as amended (d) By-Law 2014-121 Being a by-law to adopt an emergency management program for the protection of public safety, health, the environment, the critical infrastructure and property and to promote economic stability and a disaster-resilient community (e) By-Law 2014-122 Being a by-law to amend the Official Plan of the Municipality of Bayham (f) By-Law 2014-124 Being a By-Law to authorize the execution of an agreement (g) By-Law 2014-125 Being a By-Law to establish and require the payment of fees for information, services, activities and use of municipal property 2014-603 Moved by: Councillor W Casier Seconded by: Councillor E Ketchabaw "THAT By-Law Z634-2014 be read a first and second time; AND THAT By-Laws 2014-116, 2014-120, 2014-121, 2014-122, 2014-124 and 2014- 125 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. UNFINISHED BUSINESS - none 14. OTHER BUSINESS (a) Item for Discussion - Farmers Market 2015 2014-604 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT the correspondence regarding Farmers Market 2015 be received for information; Page 8 of 10 Council Minutes December 18, 2014 AND THAT the issue be referred to the 2015 operating budget for discussion." CARRIED UNANIMOUSLY 2014-605 Moved by: Councillor E Ketchabaw Seconded by: Councillor R Breyer "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 9:13 to discuss: • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board." CARRIED UNANIMOUSLY (b) In Camera Meeting regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. 2014-606 Moved by: Councillor R Breyer Seconded by: Councillor E Ketchabaw "THAT the Committee of the Whole do now rise from the "In Camera" session at 11:00 p.m. CARRIED UNANIMOUSLY 2014-607 Moved by: Deputy Mayor T Southwick Seconded by: Councillor E Ketchabaw "THAT the Council of the Corporation of the Municipality of Bayham formally acknowledge the financial arrangements of the Elgin Military Museum and the Royal Bank of Canada; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to utilize funds from the Operating Reserve to obtain financial and legal guidance pertaining to the future of the Municipality's credit facility with the Royal Bank of Canada; AND THAT Council schedule a meeting pursuant to the Municipality of Bayham Procedural By-law for December 22, 2014 at 10:00 a.m. CARRIED UNANIMOUSLY 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCUL (a) By-Law 2014-123 Being a By-Law to confirm all actions of Council 2014-608 Moved by: Councillor E Ketchabaw Seconded by: Deputy Mayor T Southwick "That confirming By-Law 2014-123 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY Page 9 of 10 Council Minutes December 18, 2014 16. ADJOURNMENT (a) Adjournment 2014-609 Moved by: Councillor W Casier Seconded by: Councillor E Ketchabaw "THAT the Council meeting be adjourned at 11:04 p.m." CARRIED UNANIMOUSLY MAY R CLERK Page 10 of 10