HomeMy WebLinkAboutJuly 20, 2017 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, July 20, 2017
7:00 p.m.
Council recessed for a break at 8:20 p.m. and reconvened at 8:31 p.m.
PRESENT:
MAYOR PAUL ENS
DEPUTY MAYOR TOM SOUTHWICK
COUNCILLORS RANDY BREYER
WAYNE CASIER
ED KETCHABAW
STAFF PRESENT:
CAO (CLERK PAUL SHIPWAY
DEPUTY CLERK
PLANNING COORDINATOR MARGARET UNDERHILL
TREASURER LORNE JAMES
CLERK'S ASSISTANT BRENDA GIBBONS
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
A. By-Law 2017-079 being a By-law to authorize the execution of an agreement between
The Municipality of Bayham and R.J. Burnside &Associates Limited added as Item 12-
H
B. By-Law 2017-080 being a By-law to authorize the execution of an agreement between
The Municipality of Bayham and The Federation of Canadian Municipalities added as
Item 12-I
C. Confidential Item regarding personal matters about an identifiable individual, including
municipal or local board employees added as item 14.1-B
4. ANNOUNCEMENTS
5. DELEGATIONS
2017 Council Minutes July 20, 2017
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held June 15, 2017
B. Public Meeting Centre Street Drain North held June 15, 2017
C. Public Meeting Sproul Drain Branch "A" Extension held June 15, 2017
D. Public Meeting Firehall No. 1 Drain held June 15, 2017
E. Special Meeting held July 6, 2017
F. Court of Revision Wellington Street Municipal Drain held July 6, 2017
G. Court of Revision Sproul Municipal Drain Branch 'A' Extension held July 6, 2017
H. Court of Revision Firehall No. 1 Municipal Drain held July 6, 2017
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT the minutes of the Regular Meeting, Public Meeting Centre Street Drain North,
Public Meeting Sproul Drain Branch "A" Extension, Public Meeting Firehall No. 1 Drain held
June 15, 2017, Special Meeting, Court of Revision Wellington Street Municipal Drain, Court
of Revision Sproul Municipal Drain Branch 'A' Extension and Court of Revision Firehall No.
1 Municipal Drain held July 6, 2017 be adopted.
CARRIED
7. MOTIONS AND NOTICE OF MOTION
8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
8.1 Correspondence
8.1.1 Receive for Information
8.1.2 Requiring Action
8.2 Reports to Council
9. PHYSICAL SERVICES — EMERGENCY SERVICES
9.1 Correspondence
9.1.1 Receive for Information
9.1.2 Requiring Action
9.2 Reports to Council
10. DEVELOPMENT SERVICES —SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A. Notice of Public Meeting re Centre Street Drain — North
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT the correspondence item 10.1.1-A be received for information.
CARRIED
2017 Council Minutes July 20, 2017
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-39/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent
Application E40/17 Gagnon
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Staff Report DS-39/17 regarding the Consent Application E40/17 submitted by
Randy, Calvin Wayne and Irene Paula Gagnon be received for information;
AND THAT Council recommend to the Elgin County Land Division Committee that
Consent Application E40/17 be granted subject to the following conditions:
1. Rezoning of the retained lands to an Agricultural (A1-A) Zone and the severed
lands, being the lot addition lands, to an Agricultural (A1) Zone
2. copy of the final survey (paper and digital) be provided to the municipality
3. Planning Report Fee payable to the municipality
4. Letter of Undertaking providing for the merger of the severed parcel with
adjacent westerly parcel as per the consent application.
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Town of New Tecumseth Alliston Beeton Tottenham re Ontario Carbon Tax
B. Bayham Beachfest Special Occasion Permit
C. Ministry of Tourism, Culture and Sport/ Ministry of Transportation re Ontario Municipal
Commuter Cycling Program
D. County of Elgin re Revised Elgin County 2017 Budget By-Law
E. Elgin St. Thomas Public Health Access to Affordable Recreation Report
F. Elgin St. Thomas Public Health Healthy Communities Partnership approved minutes of
meeting held March 21, 2017 and draft minutes of meeting held June 20, 2017
G. The College of Physicians and Surgeons of Ontario re 2018 Council Award
H. Long Point Region Conservation Authority Board of Directors Minutes of meeting held June
7, 2017
I. News Release re Elgin-Middlesex-London Canada 150 Awards
J. SCOR EDC re Local Food Recognition Day
2017 Council Minutes July 20, 2017
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT the correspondence items 11.1.1-A— 11.1.1-J be received for information.
CARRIED
11.1.2 Requiring Action
A. Museums Bayham Advisory Board & Committee Resolution re Great Lake Waterfront Trail
Adventures Cycling Participants
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT the Council of the Municipality of Bayham grants free admission to climb the Port
Burwell Historic Lighthouse on August 9, 2017 noting that donations in-lieu are greatly
appreciated.
CARRIED
11.2 Reports to Council
A. Report TR-11/17 by Lorne James, Treasurer re 2017 Q2 Variance Report
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report TR-11/17 re 2017 Q2 Variance Report be received for information.
CARRIED
B. Report CAO-44/17 by Paul Shipway, CAO I Clerk re 8354 Plank Rd — Public Works Garage
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Ketchabaw
THAT Report CAO-44/17 re 8354 Plank Rd. — Public Works Garage be received for
information;
AND THAT staff be directed to tender for Phase 1 Works, as outlined within Report CAO
44/17, with funding from proceeds from the sale of 31 Elizabeth St., Port Burwell Ontario;
AND THAT staff be directed to tender for Phase 2 Works, as outlined within Report CAO
44/17, with funding from proceeds from the sale of 31 Elizabeth St., Port Burwell Ontario
and 9344 Plank Rd, Straffordville Ontario;
AND THAT should 9344 Plank Rd. not be sold prior to commencement of Phase 2 works
staff be directed to utilize the Building Vehicle Reserve $30,000 and OMPF Reserve
$213,866 to fund Phase 2;
AND THAT if OMPF Reserves are utilized for Phase 2 staff be directed to allocate
proceeds from sale of 9344 Plank Rd. to the OMPF Reserve when received.
CARRIED
2017 Council Minutes July 20, 2017
C. Report CAO-45/17 by Paul Shipway, CAO I Clerk re EBR Registry No. 013-0551 —
Proposed Asset Management Plan Regulation
Moved by: Councillor Ketchabaw
Seconded by: Councillor Casier
THAT Report CAO-45/17 re EBR Registry No. 013-0551 — Proposed Asset Management
Plan Regulation be received for information;
AND THAT staff be directed to submit comments attached hereto as Appendix `A' to EBR
Registry No. 013-0551 — Proposed Asset Management Plan Regulation.
CARRIED
D. Report CAO-46/17 by Paul Shipway, CAO I Clerk re Bill 68, Modernizing Ontario's
Municipal Legislation Act
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report CAO-46/17 re Bill 68, Modernizing Ontario's Municipal Legislation Act be
received for information;
THAT staff be directed to bring forward amended policies for Council consideration to
proactively comply with the provisions of Bill 68 Modernizing Ontario's Municipal Legislation
Act;
AND THAT staff be directed to request Elgin County to coordinate a meeting of all Elgin
County CAO's to develop a process, for Council consideration, to appoint a joint Closed
Meeting Investigator and Integrity Commissioner pursuant to Bill 68 requirements for all
Elgin County Municipalities.
CARRIED
E. Report CAO 47/17 by Paul Shipway, CAO I Clerk re Implementation of the Waste Diversion
Transition Act, 2016, the Resource Recovery and Circular Economy Act, 2016, and the
Ministry of the Environment and Climate Change Strategy for a Waste-Free Ontario:
Building the Circular Economy
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT Report CAO-47/17 re Implementation of the Waste Diversion Transition Act, 2016,
the Resource Recovery and Circular Economy Act, 2016, and the Ministry of the
Environment and Climate Change Strategy for a Waste-Free Ontario: Building the Circular
Economy be received for information.
CARRIED
2017 Council Minutes July 20, 2017
F. Report CAO-48/17 by Paul Shipway, CAO I Clerk re Voter List Management Services
Agreement
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report CAO-48/17 re Voter List Management Services Agreement be received for
information;
AND THAT staff be directed to bring forward a by-law for Council consideration to enter
into an agreement with DataFix for the provision of Voter List Management Services in the
amount of$7,950.00 + HST.
CARRIED
G. Report CAO-49/17 by Paul Shipway, CAO I Clerk re RFP 17-02 Comprehensive Asset
Management Plan
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
THAT Report CAO-49/17 RFP17-02 Comprehensive Asset Management Plan be received
for information;
AND THAT staff be directed to bring forward a by-law, for Council consideration, to enter
into an agreement with the Public Sector Digest Inc. in the amount of$24,800 + HST for
the provision of professional services to develop a Municipality of Bayham Comprehensive
Asset Management Plan.
CARRIED
H. Report CAO-50/17 by Paul Shipway, CAO I Clerk re Provincial Park—Traffic By-Law
Enforcement
Moved by: Councillor Breyer
Seconded by: Councillor Casier
THAT Report CAO-50/17 re Provincial Park—Traffic By-law Enforcement be received for
information;
AND THAT staff be directed to bring forward a by-law, for Council consideration to appoint
Port Burwell Provincial Park Wardens to enforce and issue infractions pursuant to Section
3.8 of the Municipality of Bayham Traffic By-law No. 2016-014 on Libbye St. and Chatham
St. south of Libbye St.
CARRIED
2017 Council Minutes July 20, 2017
I. Report CAO-51/17 by Paul Shipway, CAO I Clerk re Richmond Community Park
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT Report CAO-51/17 re Richmond Community Park be referred to 2018 Capital
Budget.
CARRIED
J. Report CAO-52/17 by Paul Shipway, CAO I Clerk re Boundary Road Agreement
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT Report CAO-52/17 re Boundary Road Agreement be received for information;
AND THAT staff be directed to bring forward a by-law, for Council consideration, to enter
into a Boundary Road Agreement with the Township of Malahide.
CARRIED
12. BY-LAWS
A. By-Law 2017-060 Being a By-law to Amend By-Law 2017-038 a By-law to establish a
levy for the year 2017 to adopt tax rates, provide for penalty and interest in default of
payment and the collection thereof (This by-law implements the tax rate provisions of the
County of Elgin By-Law 17-17 an amended budget by-law—Item 11.1.1-D)
B. By-Law 2017-070 Being a By-law to authorize the execution of a Waste Disposal
Extension Agreement
C. By-Law 2017-072 Being a By-law to authorize the execution of an agreement between
the Municipality of Bayham and Comprint Systems Inc. (doing business as "DataFix") (This
by-law follows the recommendation in Report CAO-48/17 by Paul Shipway CAO I Clerk
during the regular meeting of July 20, 2017)
D. By-Law 2017-073 Being a By-law to authorize the execution of an agreement between
The Corporation of the Municipality of Bayham and The Corporation of the Township of
Malahide for a Boundary Road Maintenance Agreement (This by-law follows the
recommendation in Report CA0-52/17 by Paul Shipway, CAO I Clerk during the regular
meeting of July 20, 2017)
E. By-Law 2017-074 Being a By-law to appoint Ministry of Natural Resources Port Burwell
Provincial Park Wardens for the purpose of enforcing provisions of By-Law 2016-014 (This
by-law follows the recommendation in Report CA0-50/17 by Paul Shipway, CAO I Clerk
during the regular meeting of July 20, 2017)
F. By-Law 2017-075 Being a By-law to authorize the execution of an agreement between
the Municipality of Bayham and Public Sector Digest Inc. (This by-law follows the
recommendation in Report CA0-49/17 by Paul Shipway, CAO I Clerk during the regular
meeting of July 20, 2017)
2017 Council Minutes July 20, 2017
G. By-Law 2017-076 Being a By-law to stop up, close and convey part of the unopened
road allowance between Lots 20 and 21 Concession 10 in the Municipality of Bayham, in
the County of Elgin, designated as Part 1 on Registered Plan 11 R-10176 (This by-law
follows the resolution passed during the regular meeting of June 15, 2017)
H. By-Law 2017-079 Being a By-law to authorize the execution of an agreement between
The Municipality of Bayham and R.J. Burnside &Associates Limited (This by-law follows
the recommendation in Report CA0-39/17 by Paul Shipway CAO I Clerk during the regular
meeting of June 15, 2017)
I. By-Law 2017-080 Being a By-law to authorize the execution of an agreement between
The Municipality of Bayham and The Federation of Canadian Municipalities (This by-law
implements the provisions of Capital Item GG-6 Asset Management Plan Update)
Moved by: Councillor Casier
Seconded by: Deputy Mayor Southwick
THAT By-Law 2017-076 be read a first and second time only;
AND THAT By-Laws 2017-060, 2017-070, 2017-072, 2017-073, 2017-074, 2017-75, 2017-
079 and 2017-080 be read a first, second and third time and finally passed.
CARRIED
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
A. Small Craft Harbour Boardwalk
Moved by: Councillor Ketchabaw
Seconded by: Deputy Mayor Southwick
WHEREAS On May 22, 1991 the Village of Port Burwell executed Contract No. CO-023,
with the Department of Fisheries and Oceans— Small Craft Harbours to build a Boardwalk
on Federal Lands authorized under Section 11 of an Operating Lease Agreement between
the Village of Port Burwell and the Department of Fisheries and Oceans —Small Craft
Harbours.
AND WHEREAS the Department of Fisheries and Oceans —Small Craft Harbours
cancelled the continuation of Operating Lease Agreements with the Municipality of Bayham
effective May 31, 2000.
AND WHEREAS the Department of Fisheries and Oceans —Small Craft Harbours strategy
is to:
• Maintain a network of core harbours (those that are essential to the fishing industry).
• Promote the formation of Harbour Authorities to ensure local control over commercial
fishing harbours.
• Transfer the ownership of non-essential harbours and recreational harbours to local
communities through divestiture.
AND WHEREAS the Department of Fisheries and Oceans— Small Craft Harbours
Divestiture Program strives to transfer ownership of designated harbours to a third party
2017 Council Minutes July 20, 2017
and states 'Small Craft Harbours will first provide the necessary harbour repairs and
environmental clean-up'.
AND WHEREAS the Vision of the Department of Fisheries and Oceans —Small Craft
Harbours is an essential, affordable, national network of safe and accessible harbours, in
good working condition, that meets the principal and evolving needs of the commercial
fishing industry, while supporting the broader interests of coastal communities and
Canada's national interests.
AND WHEREAS the Port Burwell Boardwalk is a critical asset for the harbour, recreational
fishing, environmental education, and tourism that is also utilized by visitors to the Port
Burwell Provincial Park.
NOW THEREFORE the Council of the Corporation of the Municipality of Bayham
respectfully request that the Department of Fisheries and Oceans— Small Craft Harbours
take immediate action to rebuild the Boardwalk to current day accessible standards;
AND THAT the Council of the Corporation of the Municipality of Bayham formally request
the Honourable Member of Parliament, Karen Vecchio assist in providing the Boardwalk is
rebuilt to accessible standards by the Department of Fisheries and Oceans— Small Craft
Harbours.
CARRIED
14.1 In Camera
Moved by: Councillor Ketchabaw
Seconded by: Councillor Breyer
THAT the Council do now rise to enter into an "In Camera" Session of Committee of the
Whole at 8:33 p.m. to discuss:
• a proposed or pending acquisition or disposition of land by the municipality or local
board;
• personal matters about an identifiable individual, including municipal or local board
employees.
CARRIED
A. Confidential Item regarding a proposed or pending acquisition or disposition of land by the
municipality or local board (9344 Plank Road)
B. Confidential Item regarding personal matters about an identifiable individual, including
municipal or local board employees (Human Resources)
14.2 Out of Camera
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT the Committee of the Whole do now rise from the "In Camera" session at 9:05 p.m.
with nothing to report.
CARRIED
2017 Council Minutes July 20, 2017
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law 2017-077 Being a By-law to confirm all actions of Council
Moved by: Councillor Casier
Seconded by: Councillor Breyer
THAT confirming By-Law 2017-077 be read a first, second and third time and finally
passed.
CARRIED
16. ADJOURNMENT
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Breyer
THAT the Council meeting be adjourned at 9:07 p.m.
CARRIED
MANOR