Loading...
HomeMy WebLinkAboutJuly 16, 2015 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES Thursday, July 16, 2015 MUNICIPAL OFFICE STRAFFORDVILLE, ONTARIO 7:00 p.m. 6:30 p.m. Committee of Adjustment 7:30 p.m. PUBLIC MEETING - Zoning - Gunstone PUBLIC MEETINGS - Drainage 5:00 p.m. - Stewart Drain No. 1 8:15 p.m. - Peters Drain Branches Council recessed at 7:43 p.m. for Public Meeting - Zoning and reconvened at 7:47 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, July 15, 2015 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Tom Southwick, Councillors Randy Breyer, Wayne Casier and Ed Ketchabaw, CAO Paul Shipway and Clerk Lynda Millard. Deputy Clerk/Planning Coordinator Margaret Underhill and Treasurer Lorne James were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:01 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Deputy Mayor Southwick declared a pecuniary interest in [tem 5(a) Erie Shores Wind Farm and vacated Chambers during the presentation. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA None. 4. ANNOUNCEMENTS (a) Mayor Ens announced that the Straffordville Evangelical Mennonite Church invites the community to attend an open, public worship service on Sunday, July 19 at 10:30 a.m.at the Straffordville Park followed by a free lunch at 12:00 p.m. 5. DELEGATIONS (a) 7:00 p.m. - Erie Shores Wind Farm - presentation by David Eva regarding a proposed expansion of the Wind Farm and introduction of the project Page 1 of 17 Council Minutes July 16, 2015 David Eva on behalf of Capstone Power Development with the aid of a powerpoint presentation outlined the proposed Erie Shores Wind Farm 2 project which would be an expansion of the existing Erie Shores Wind Farm facility and would be located in the Township of Malahide and the Municipality of Bayham. The project, which is proposed to generate up to 70MW of additional electricity would consist of larger, quieter wind turbines. Capstone is looking for Municipal support for the project and/or proposed connection line. Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Erie Shores Wind Farm presentation be received; AND that a By-law be brought forward authorizing the Municipal Council Support Resolution and agreement be completed; AND THAT a working group consisting of the CAO, Mayor Ens, Councillors Ketchabaw, Casier and Breyer come up with terms of a Contribution Agreement. CARRIED (b) 7:20 p.m. - Gord Bennett and Gord Bennett Sr. on behalf of the Rail Trail Committee regarding re -appointment of the committee Gord Bennett and Gord Bennett Sr. presented information on the work of the Rail Trail Committee to date, ongoing plans, future vision and benefits to the community in an effort to retain the committee. Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the presentation on behalf of the Rail Trail Committee be received for information. 6. ADOPTION OF MINUTES OF PREVIOUS MEETINGS) (a) Regular meeting of Council held June 18, 2015 Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the minutes of the regular meeting held June 18, 2015 be adopted. CARRIED Page 2 of 17 Council Minutes 7. MOTIONS AND NOTICE OF MOTION July 16, 2015 S. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 9. PHYSICAL SERVICES - EMERGENCY SERVICES L CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report BL -02/15 by Randy White, Fire Chief/By-law Officer re Prohibited Animal By- law Exemption Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report BL -02/15 be received for information; AND THAT Council grants an exemption to the Prohibited Animal By -Law for Marisa Zilli, allowing to keep the species Brazilian Short -Tailed Opossum as part of her business and educational work. 10. DEVELOPMENT SERVICES - SUSTAINABILITY AND CONSERVATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Elgin County re Approval of Official Plan Amendment No. 15 (b) Revised Notice of Adoption of Community Improvement Plan Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT correspondence items 10.1.1(a) - 10.1.1(b) be received for information. " I � Page 3 of 17 Council Minutes 1.2 RE UMING ACTION 1.3 PUBLIC MEETING July 16, 2015 (a) 5:00 p.m. - Stewart Drain #1 - to consider Spriet Associates Engineer's Report 208367 dated March 5, 2015 re -submitted May 28, 2015 John Spriet Jr. was in attendance. Signed in attendees - John Stewart Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier 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 -40115 by Bill Knifton, Chief Building Official, Drainage Superintendent re Stewart Drain No. 1 1.6 PUBLIC COMMENTS (a) Correspondence from Terry Pittao Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT correspondence from Terry Pittao be received for information; AND THAT staff respond to Mr. Pittao. AM 111 11.114 1.7 COUNCIL COMMENTS AND QUESTIONS None. Page 4 of 17 Council Minutes July 16, 2015 1.8 ADJOURNMENT (a) Adjournment Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT the Public meeting be adjourned and the Council meeting be reconvened at 8:08 P.M. CARRIED 1.9 DISPOSITION OF ITEM (a) Disposition 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 Bayham hereby adopts Spriet Associates report #208367 dated March 5, 2015 and re -submitted on May 28, 2015 referred to as the "Stewart Drain No.1" report; THAT Provisional By-law #2015-065 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 August 20, 2015 at 8:00 p.m. be set for the first sitting of the Court of Revision." ''.1 W, 1.10 PUBLIC MEETING (a) 8:19 p.m. - Peters Drain Branches - to consider Spriet Associates Engneer's Report 214226 dated May 28, 2015 John Spriet Jr. was in attendance. No signed in attendees. Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier Page 5 of 17 Council Minutes July 16, 2015 THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act. CARRIED 1.11 DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 1.12 STAFF PRESENTATION (a) Report DS -41115 by Bill Knifton, Chief Building Official, Drainage Superintendent re Peters Drain Branches 1.13 PUBLIC COMMENTS None. 1.14 COUNCIL COMMENTS AND QUESTIONS. None. 1.15 ADJOURNMENT (a) Adjournment Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Public meeting be adjourned and the Council meeting be reconvened at 8:21 p.m. CARRIED 1.16 DISPOSITION OF ITEM (a) Disposition of Item Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report #214226 dated May 28, 2015, referred to as the "Peters Drain Branches" report; Page 6 of 17 Council Minutes July 16, 2015 THAT Provisional By-law #2015-077 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 August 20, 2015 at 8:15 p.m. be set for the first sitting of the Court of Revision." CARRIED 2. REPORTS TO COUNCIL (a) Report DS -42115 by Bill Knifton, Chief Building Official, Drainage Superintendent re Petition for Drainage Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Kathryn DeFauw; THAT Report DS -42115 regarding the petition for drainage and for drainage improvement be received; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council's consideration. (b) Report DS -45115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application — Gunstone Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report DS45/15 be received for information; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Michael Gunstone, identified as 57787 Gregson Road, from the Agricultural (Al) Zone to Agricultural [A1(h2/h3)] Zone; AND THAT Zoning By-law Z640-2015 be presented to Council for enactment. CARRIED\ Page 7 of 17 Council Minutes July 16, 2015 (c) Report DS -46115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Development Agreement — Gunstone Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Report DS46/15 be received for information; AND THAT By-law 2015-082, being a By-law to authorize the execution of a development agreement between Michael Gunstone and the Municipality of Bayham be presented to Council for enactment. :::I_0 (d) Report DS -47115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Site Plan Agreement - Corinth Mennonite Church, 54519 Eden Line, North Hall Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report DS47/15 be received for information; AND THAT By-law No. 2015-084, being a By-law to authorize the execution of a Site Plan Agreement between Corinth Mennonite Church and the Municipality of Baybam for development at the property known as 54519 Eden Line, North Hall be presented for enactment. CARRIED (e) Report DS -48115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Subdivision Agreement - Stewart / Stewart Drain No. 1 Moved by: Councillor Ketchabaw Seconded by. Councillor Casier THAT Report DS -48/15 be received for information; AND THAT By-law No. 2015-083, being a By-law to authorize the execution of a Subdivision Agreement between John David Stewart and the Municipality of Bayham for drainage works known as Stewart Drain No. 1 be presented for enactment. 'O10:iNI�l�7 (fl Report DS -49115 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Page 8 of 17 Council Minutes July 16, 2015 Consent Application E42/15 Thompson/Sykes Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report DS49/15 be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E42/15, submitted by Rob Thompson and Donna Sykes, be granted subject to the following conditions: 1. Rezoning of both the severed and retained parcels 2. purchase of civic number sign from the municipality for the retained parcel 3. planning report fee payable to the municipality 4. copy of the final survey (paper and digitally) provided to the municipality. WW -::I-4-61 (g) Report DS -50115 by Margaret Underhill Deputy Clerk/Planning Coordinator re Consent Application E45/15 Ringland Moved by: Councilor Ketchabaw Seconded by: Councillor Breyer THAT Report DS -50/15 be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E45/15, submitted by William and Jacqueline Ringland, be granted subject to the following conditions: 1. Rezoning of both the severed and retained parcels 2. purchase of civic number sign from the municipality for the retained parcel 3. planning report fee payable to the municipality 4. copy of the fmal survey (paper and digitally) provided to the municipality. CARRIED 11. FINANCE AND ADMINISTRATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION Page 9 of 17 Council Minutes July 16, 2015 (a) Ontario Medal for Good Citizenship nomination information (b) Ministry of Energy re local energy planning (c) Walk with Me Networking Event information (d) Museums Bayham minutes of meeting held June 10, 2015 (e) Capstone Power Development re Erie Shores Wind Farm 2 Public Community Meeting (f) Habitat for Humanity re Homeownership Program (g) Ontario Provincial Police re Commander of the Municipal Policing Bureau (h) Municipality of Tweed Disaster Relief Committee re fundraising campaign (i) MSC July 2015 E -Letter 0) Youth Opportunities Fund re Expression of Interest (k) Ontario Energy Board Notice to Customers of Union Gas Limited A copy of the application in its entirety is available for viewing at the Municipal Office Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT correspondence items 11.1.1(a) - 11.1.1(1;) be received for information; AND THAT Council authorizes financial assistance in the amount of $100 to Municipality of Tweed Disaster Relief Committee. CARRIED 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report TR -11115 by Lorne James, Treasurer re Municipal Auditor Appointment Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Staff Report TR -11-2015 be received for information; THAT the Council of the Municipality of Bayham accept the proposal submitted by Graham Scott Enns, LLP; THAT Council appoint Graham Scott Enns LLP as auditors for 2015 to 2019; AND THAT By -Law 2015-078, being a by-law to appoint a municipal auditor, be presented to Council for enactment. Page 10 of 17 Council Minutes (b) Report TR -12115 by Lorne James, Treasurer re 2016 Budget Schedule Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT Staff Report TR -12-2015 be received for information; July 16, 2015 AND FURTHER THAT the proposed budget meeting dates be approved as set out in Staff Report TR -12-2015. CARRIED (c) Report TR -13115 by Lorne James, Treasurer re 2015 Q2 Variance Report Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report TR -13-2015 be received for information. CARRIED (d) Report CAO -45115 by Paul Shipway, CAO re Marriage Officiant Services Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report CA045/15 re Marriage Officiant Services be received for information; AND THAT staff be directed to bring forward a by-law to appoint Marion Rogers as a Marriage Officiant within the Municipality of Bayham for a term of three years ending December 31, 2018; AND THAT the CAO/Deputy Clerk be appointed as a Marriage Officiant with the Registrar and Ministry of Consumer and Business Services. CARRIED (e) Report CAO -46115, by Paul Shipway, CAO re Straffordville Lions Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Report CA0 46/15 re Straffordville Lions be received for information; AND THAT Council direct staff to bring forward a by-law and agreement for Page i 1 of 17 Council Minutes July 16, 2415 Facility Management Services with Jackie Ringland for Council consideration; AND THAT Council direct staff to bring forward agreements for all accessory structures on Municipal Land utilized by groups, organizations and private interests for Council consideration; AND THAT any person, entity or organization who utilizes accessory structures on Municipal Land first enter into an agreement with the Municipality for use of the same; AND THAT Council direct staff to bring forward a by-law to amend By-law No. 2014-125, the Rates & Fees By-law for Council consideration. AND THAT Council and the Municipality extend gratitude and thanks to the Straffordville Lions for years of dedication and service to the Community. CARRIED (fl Report CAO -47115 by Paul Shipway, CAO re Municipal Property Surplus Eden Community Centre Straffordville Community Centre Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the question be divided and the recommendations be considered separately. CARRIED Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CAO -47115 re Municipal Property Surplus be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham declare Part 1, on the yet to be registered plan, being the Eden Community Centre surplus to the needs of the Municipality for the purpose of sale; AND THAT the Municipality provide 25 days of notice for submission of comments and offers to purchase commencing at such time as the plans are formally registered and notice erected; AND THAT staff be directed to get additional quote information. CARRIED Page 12 of 17 Council Minutes July 16, 2015 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report CA0 47/15 re Municipal Property Surplus be received for information; THAT the Council of the Corporation of the Municipality of Bayham declare Part 1, on the yet to be registered plan, being the Straffordville Community Centre surplus to the needs of the Municipality for the purpose of sale; AND That the Municipality provide 25 days of notice for submission of comments and offers to purchase commencing at such time as the plans are formally registered and notice erected. CARRIED (g) Report CAO -48/15 by Paul Shipway, CAO re Port Burwell Library - Gazebo Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT Report CAO -48/15 re Port Burwell Library - Gazebo be received for information; AND THAT staff be directed to conduct a request for quotations for the replacement of the roofs of the Port Burwell Library and Gazebo. " 1 � (h) Report CAO -50/15 by Paul Shipway, CAO re Sidewalk Inventory - Assessment Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report CAO -50/15 re Sidewalk Inventory - Assessment be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to tender for replacement, leveling, jacking and grinding of sidewalks to be completed in 2015 as budget permits; AND THAT staff tender winter maintenance with maps as per 2014. Fe �11- E (i) Report CAO -51/15 by Paul Shipway, CAO re Cenotaph Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer Page 13 of 17 Council Minutes July 16, 2015 THAT Report CAO -51115 re Cenotaph be received for information; AND THAT staff be directed to remove the trees at the Cenotaph and replant shrubs and greenery in the fall of 2015 or spring of 2016. CARRIED 0) Report CAO -52115 by Paul Shipway, CAO re Advisory Boards & Committees Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CAO -52115 re Advisory Boards and Committees be received for information; AND THAT staff be directed to bring forward a by-law for Council consideration to adopt the Municipality of Bayham Advisory Boards and Committee Policy, complete with Advisory Board and Committee Terms of Reference; AND THAT staff be directed to bring forward a By-law to appoint the persons listed within Report CAO 52115 re Advisory Boards and Committees to the applicable Board or Committee; AND THAT previous appointments to Statutory Boards and Committees be governed by the Municipality of Bayham Advisory Board and Committee Policy. AND THAT the Council of the Corporation of the Municipality of Bayham express gratitude to the volunteers for their time and dedication to the community. CARRIED 12. BY-LAWS (a) By -Law Z640-2015 Being a By-law to further amend By-law 2456-2003 (Gunstone) (b) By -Law 2015-065 Being a Provisional By-law to provide for drainage works known as Stewart Municipal Drain No. 1 (c) By -Law 2015-077 Being a Provisional By-law to provide for drainage works known as the Peters Drain Branches (d) By -Law 2015-078 Being a By-law to appoint a Municipal Auditor for the Municipality of Bayham (e) By -Law 2015-079 Being a By-law to authorize the execution of an employment agreement with Marion Faith Rogers (fl By -Law 2015-080 Being a By-law to authorize the execution of an employment agreement between the Municipality of Bayham and Jacqueline B. Ringland for Facility and Community Centre Management (g) By -Law 2015-081 Being a By-law to amend By-law 2014-125 to establish and require the payment of fees for information, services, activities and use of municipal Page 14 of 17 Council Minutes July 16, 2015 property (h) By -Law 2015-082 Being a By-law to authorize the execution of a Development Agreement between Michael Gunstone and The Corporation of The Municipality of Bayham (i) By -Law 2015-083 Being a By-law to authorize the signing of a Subdivision Agreement between John Stewart and The Corporation of The Municipality of Bayham for Drainage Work (j) By -Law 2015-084 Being a By-law to authorize the execution of a Site Plan Agreement between Corinth Mennonite Church and The Corporation of The Municipality of Bayham (k) By -Law 2015-085 Being a By-law to establish an advisory Board and Committee Policy (1) By -Law 2015-086 Being a By-law to appoint Board and Committee Members Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Provisional By-laws 2015-065 and 2015-077 be read a first and second time only; THAT By4aws 2640-2015, 2015-078, 2015-079, 2015-080, 2015-081, 2015-082,.2015- 083, 2015-084, 2015-085 and 2015-086 be read a first, second and third time and finally passed. ,tl'"I IR ' 13. UNFINISHED BUSINESS 14. OTHER BUSINESS (a). Mayor Ens initiated discussion regarding the Ontario Municipal Cycling Infrastructure Program. Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT staff be directed to make application to the Ontario Municipal Cycling Infrastructure Program for the Rail Trail Development in an amount not to exceed $100,000 Municipal contribution. CARRIED (b) In Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer Page 15 of 17 Council Minutes July 16, 2015 THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 10:28 p.m. to discuss: • a proposed or pending acquisition or disposition of land by the municipality or local board; • advice that is subject to solicitor -client privilege, including communications necessary for that purpose personal matters about an identifiable individual, including municipal or local board employees; litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. (c) Closed session regarding a proposed or pending acquisition or disposition of land by the municipality or local board, advice that is subject to solicitor -client privilege, including communications necessary for that purpose, personal matters about an identifiable individual, including municipal or local board employees and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (d) Out of Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the Committee of the Whole do now rise from the "in Camera" session at 11:03 p.m. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL (a) By -Law 2015-087 Being a By-law to confirm all actions of Council Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT confirming By-law 2015-087 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT (a) Adjournment Page 16 of 17 Council Minutes July 16, 2015 Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT the Council meeting be adjourned at 11:05 p.m. CARRIED Page 17 of 17