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Home My WebLink AboutApril 02, 2015 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES Thursday,April 2,2015 MUNICIPAL OFFICE STRAFFORDVILLE,ONTARIO IN CAMERA 6:00 p.m. -7:00p.m. (Closed to the Public) REGULAR MEETING 7:00 P.M. Council recessed at 7:50 p.m. for a short break and reconvened at 8:00 p.m. PUBLIC MEETING-Drainage 8:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, April 2, 2015 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/Deputy Clerk Margaret Underhill, Chief Building Official/Drainage Superintendent Bill Knifton and Treasurer Lome James were in attendance to present their respective reports. Water/Wastewater Operations Manager Ed Roloson was in attendance in regard to the presentation of the Grand River Conservation Authority. 1. CALL TO ORDER Mayor Ens called the meeting to order at 6:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. OTHER BUSINESS AND REVIEW OF ITEMS NOT LISTED ON AGENDA (a) In Camera Moved by: Councilor Ketchabaw Seconded by: Deputy Mayor Southwick "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 6:00 p.m. to discuss: • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; • advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED (b) In Camera Meeting regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Project Ojibwa Legal Action) Page 1 of 9 Council Minutes April 02, 2015 (c) Out of Camera Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Committee of the Whole do now rise from the "In Camera" session at 6:47 p.m.with nothing to report. CARRIED 4. ANNOUNCEMENTS (a) Mayor Ens reported that The Municipality of Bayham raised the Autism flag on April 2, 2015 at 10:00 a.m. in recognition of World Autism Awareness Day 5. DELEGATIONS (a) 7:05 p.m. Martin Keller, Source Protection Program Manager with the Grand River Conservation Authority re Source Water Protection Update Mr. Keller provided a powerpoint presentation regarding Source Water Protection for the Village of Richmond. Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the Source Water Protection Update provided by Martin Keller be received for information. CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Budget meeting of Council held March 17, 2015 Regular meeting of Council and Public meetings held March 19, 2015 Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the minutes of the budget meeting held March 17,2015 and the regular and public meetings held March 19, 2015 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION,CULTURE,TOURISM AND ECONOMIC DEVELOPMENT 1. CORRESPONDENCE Page 2 of 9 Council Minutes April 02,2015 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 9. PHYSICAL SERVICES -EMERGENCY SERVICES 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 10. DEVELOPMENT SERVICES - SUSTAINABILITY AND CONSERVATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 1.3 PUBLIC MEETING (a) 8:00 p.m. -Stewart Drain #1- to consider Spriet Associates Engineer's Report #208367 dated March 5,2015 Moved by: Councillor Casier Seconded by: Councillr Ketchabaw THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act. CARRIED 1.4 DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 1.5 STAFF PRESENTATION (a) Report DS-18115 by Bill Knifton, Chief Building Official,Drainage Superintendent re Stewart Drain No. 1 1.6 PUBLIC COMMENTS (a) Marty Hutcheson and Lorrie Shepherd expressed concerns regarding the proposed location of the drain and the effect on mature trees. Terry Pittao expressed concern regarding the effect of the proposed drain on his well. Karen Clements expressed lack of understanding of the Drainage Act requirements for responsibility for payment. Page 3 of 9 Council Minutes April 02, 2015 1.7 COUNCIL COMMENTS AND QUESTIONS 1.8 ADJOURNMENT Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Public meeting be adjourned and the Council meeting be reconvened at 8:43 p.m. CARRIED 1.9 DISPOSITION OF ITEM Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the Corporation of the Municipality of Baybam hereby adopts Spriet Associates report #208367 dated March 5,2015, referred to as the"Stewart Drain No. 1" report; THAT Provisional By-law#2015-037 be given first and second reading; 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 May 7,2015 at 8:00 p.m. be set for the first sitting of the Court of Revision. CARRIED 2. REPORTS TO COUNCIL (a) Report DS-19/15 by Bill Knifton, Chief Building Official, Drainage Superintendent re Magyar-Dielman Drain Award Contract Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Staff Report DS-19/15 be received; THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Magyar—Dieleman Municipal Drain, as submitted by Froese Excavating in the amount of$65,664.59 (plus HST)with work to commence on after April 1, 2015 and work to be completed on or before April 15, 2015 Page 4 of 9 Council Minutes April 02, 2015 AND THAT By-Law 2015-038 authorizing the execution of contract documents be presented to Council for enactment. CARRIED (b) Report DS-20115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re New Hope Baptist Church Request to Rezone Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report DS-20/15 be received for information; AND THAT Council directs Staff to continue the process initiated by the Municipality in 1999 to rezone lands identified as 57272 Talbot Line,owned by New Hope Baptist Church; AND THAT Council directs Staff to prepare a Mutual Drain Agreement to address the Green Line road drain affecting the lands identified as 57272 Talbot Line, owned by the New Hope Baptist Church. CARRIED (c) Report DS-21/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Official Plan Amendment No. 15 - Surplus Farm Dwelling Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Report DS-21/15 be received for information; AND THAT By-law 2015-039, being an adopting By-law for Official Plan Amendment No. 15 regarding amending Official Plan Section 2.1.7.1 c) be presented for enactment. CARRIED (d) Report DS-22115 by Margaret Underhill,Deputy Clerk/Planning Coordinator re Rezoning Application- Best Line Farms Ltd. Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT Report DS-22/15 be received for information; AND THAT Zoning By-law Z456-2003, as amended,be further amended in accordance with conditions of Elgin County Land Division Application E95/14 by changing the zoning on the subject lands known as 55035 Green Line,owned by Page 5 of 9 Council Minutes April 02, 2015 Best Line Farms Ltd.,from the Agricultural(A1)Zone to Special Agricultural(A2) on the retained lands and to site-specific Rural Residential(RR-26) on the severed parcel containing the surplus farm dwelling; AND THAT Zoning By-law Z636-2015 be presented to Council for enactment. CARRIED (e) Report DS-23/15 by Margaret Underhill,Deputy Clerk/Planning Coordinator re Site Plan Agreement-Froese Vegetables Inc. Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report DS-23/15 be received for information; AND THAT By-law No. 2015-041,being a By-law to authorize the execution of a Site Plan Agreement between Froese Vegetables Inc. and the Municipality of Bayham for development at the property known as 56618 Calton Line be presented for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Cheque Register being Cheque#018361 to Cheque#018427 inclusive, except Cheques #018385, #018388 and#018406 and totaling$547,995.91 and Payroll Disbursements for the period ending March 15,2015 totaling$57,212.33 (b) Minister Responsible for Seniors Affairs re June as Seniors Month (c) Minister Responsible for Seniors Affairs re 2015 Senior of the Year Award (d) Ernie Hardeman,M.P.P. Oxford, PC Critic for Municipal Affairs and Housing re Housing Services Corporation Accountability Act (e) Berva Alderwood re Water Charges (t) Museums Bayham minutes of meeting held March 11, 2015 (g) Elgin County re French Immersion Public School student relocation (h) Ontario Chamber of Commerce re Ontario's Path from Recovery to Growth (Full report available at the Municipal Office) Page 6 of 9 Council Minutes April 02, 2015 (i) Province of Ontario re Accessibility for Ontarians with Disabilities Act, 2005 - Reporting Requirements 2015 -What Municipalities Need to Know Moved by: Councillor Casier Seconded by: Councillor Breyer THAT correspondence items 11.1.1(a) - 111.1(1) be received for information. CARRIED 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report TR-06/15 by Lorne James, Treasurer re 2014 Investment Report Moved by: Councillor Breyer Seconded by: Deputy Mayor Southwick THAT Staff Report TR-06/15 be received for information. CARRIED (b) Report TR-07/15 by Lome James, Treasurer re 2014 Surplus Allocation Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Staff Report TR-07/15 be received for information; AND THAT the 2014 accumulated surplus of$47,948 be transferred to the Contingency Reserve to accommodate future unexpected expenses. CARRIED 12. BY-LAWS (a) By-Law Z636-2015 Being a By-law to further amend By-Law Z456-2003 (Best Line Farms) (b) By-Law 2015-037 Being a Provisional By-law to provide for drainage works known as the Stewart Municipal Drain No. 1 (c) By-Law 2015-038 Being a By-law to authorize the Mayor and Clerk to execute an agreement with Froese Excavating Ltd. for the provision of the drainage works for the Magyar-Dielman Municipal Dratin (d) By-Law 2015-039 Being a By-law to adopt Official Plan Amendment#15 Page 7 of 9 Council Minutes April 02, 2015 (e) By-Law 2015-040 Being a By-law to adopt the Accessibility Plan—Policies (f) By-Law 2015-041 Being a By-law to authorize the execution of a site plan agreement with Froese Vegetables Inc. Moved by: Councillor Breyer Seconded by: Councillor Casier THAT Provisional By-Law 2015-037 be read a first and second time only; AND THAT By-Laws Z636-2015, 2015-038,2015-039, 2015-040 and 2015-041 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS (a) Straffordville Ball Diamond Usage by the fastball and youth teams was discussed. Council directed staff to send correspondence advising time will be awarded on a first come/first serve basis. (b) Discussion regarding Straffordville Ball Diamond bleachers. Council decided to defer removal of bleachers to 2016 Budget deliberations for formal consideration. Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick That decision regarding removal of the Straffordville Ball Diamond bleachers be referred to 2016 Budget deliberations for financial consideration. CARRIED 14. OTHER BUSINESS 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL (a) By-Law 2015-042 A By-law to confirm all actions of Council Moved by: Councillor Casier Seconded by: Councillor Breyer "That confirming By-Law 2015-042 be read a first, second and third time and fmally passed." CARRIED Page 8 of 9 Council Minutes April 02, 2015 16. ADJOURNMENT (a) Adjournment Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw "THAT the Council meeting be adjourned at 8:46 p.m." CARRIED gia MAY CLERK Page 9 of 9 i