HomeMy WebLinkAboutSeptember 19, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Council Chambers
9344 Plank Road, Straffordville, ON
September 19,2013
7:00 p.m. Council Meeting
7:30 p.m.—Public Meeting—Planning (Zoning)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
September 19, 2013 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor
Cliff Evanitski, Councillors Wayne Casier, Tom Southwick and Ed Ketchabaw, Administrator
Kyle Kruger and Clerk Lynda Millard.
Planning Coordinator/Deputy Clerk Margaret Underhill, Chief Building Official/Drainage
Superintendent Bill Knifton and Public Works Manager Vance Czerwinski were in attendance to
present their respective reports. Fire Chief/By-Law Enforcement Officer Gord Roesch
presented his report in Closed Session.
1. CALL TO ORDER
Mayor Ens called the meeting to order.
2. DISCLOSURE OF PECUNIARY INTEREST& THE GENERAL NATURE
THEREOF
None.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held September 5, 2013.
2013-383
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the minutes of the regular meeting held September 5,2013 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Items
There were no items added to the agenda.
4. DELEGATIONS,STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. -Daniel Tobler regarding "Neighbour on Elliott Road".
Daniel Tobler raised concerns regarding allegations and claims being made by his
neighbour Roselyne Chues against him and responses to calls made by the fire
department,by-law enforcement officers and the OPP regarding non-existent fires, smoke
and noise. He suggested Ms. Chues should be charged with making false alarms and
nuisance calls.
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Council Minutes September 19, 2013
Martin Vendryes, also spoke on Mr. Tobler's behalf, suggesting that Ms. Chues has been
harassing the neighbouring property owner,wasting municipal resources and
traumatizing Tobler children for some time and should be fined for her malicious actions.
He was supported by several members of the Tobler's church in attendance.
Staff advised that the fire department is required to respond to all fire calls. Harassment,
malicious or frivolous calls are civil matters and Council cannot direct the OPP, however,
municipal concerns have been raised with the OPP.
2. STATEMENTS BY COUNCIL
Councillor Casier noted that the Vienna Lions Club is having magnetic locks installed on the
upper and lower interior fire doors at the Vienna Community Centre and suggested that a
letter of appreciation be sent to the Club.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
Administrator Kruger noted that as the PLC electrical panel will not arrive until
September 30th, and there is no other option, the MOE has been contacted for a short
extension.
(b) Harbour Divestiture
The Administrator noted that harbour divestiture discussion will be discussed later on the
agenda. The ESA report, comprised of 400+page report is now posted on the website.
5. INFORMATION ITEMS
(a) Otter Valley Chamber of Commerce minutes of meeting held September 10, 2013.
File: A01
(b) Correspondence dated August 22, 2013 from Elgin County Railway Museum regarding
"Invitation to the Elgin County Railway Museum's 25th Anniversary Celebration".
File: M02
2013-384
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT information items 5(a) and 5(b)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Correspondence dated August 28, 2013 from Elgin County regarding "Planning
Reports -Application for Consent".
File: D10
Page 2 of 10
Council Minutes September 19, 2013
2013-385
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT staff be directed to forward a copy of Planning Reports regarding
applications for consent received by Council to the Land Division Committee in
advance of their hearings."
CARRIED UNANIMOUSLY
(b) Staff Report D2013-31 regarding Stewart- Subdivision Agreement.
File: L04.STEW
The Planning Co-ordinator noted that the report from the Engineer for the New England
Drain has not been completed and the time allotted for the conditions of consent to be
met is soon to expire. A sub-division agreement, registered on title for all four lots
created, obligates the owner to complete the installation of the drainage works.
2013-386
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Stewart Subdivision Agreement for the New England Drain be
approved;
AND THAT authorizing by-Law 2013-077 be presented for enactment."
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
2013-387
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
PUBLIC MEETING
7:30 p.m. -Rezoning Application -to change the zoning on a parcel of land from the
Rural Residential (RR)Zone to the site specific Rural Residential(RR-23) Zone
submitted by Teresa L. Pressey.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
STAFF PRESENTATION
Staff Report D2013-030 regarding Pressey Rezoning.
File: D14.PRES
The Planning Co-ordinator advised that the purpose of the application is to permit a
small-scale dog kennel use. The request is for a three-dog run,however,the zoning
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Council Minutes September 19, 2013
definition of Animal Kennel allows up to four dogs at one time. Kennels are site-specific
as they are not permitted in any zone without site-specific re-zoning.
A letter opposing the re-zoning, submitted by a neighbouring property owner was
included in the agenda package.
Copies of two letters of support were copied and circulated to Council members just prior
to the meeting.
PUBLIC COMMENTS
Honor Wassing spoke in favour of the re-zoning based on previous experience demonstrated
by the applicant, noting that it provided a less expensive alternative than by-law enforcement
and disposal.
Willie Schutten raised concerns regarding potential barking, animal waste and proximity to
his property.
COUNCIL COMMENTS AND QUESTIONS
Council was supportive of a deferral to give the applicant and Mr. Schutton time for
discussion prior to Council making a decision.
ADJOURNMENT
2013-088
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Public Meeting be adjourned at 7:45 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2013-389
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the rezoning application Public Meeting be deferred,to reconvene October
3,2013 at 7:30 p.m."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE
(a) Staff Report DR2013-016 regarding Soreny Branch Municipal Drain Award Contract.
File: E09
The Drainage Superintendent advised that two responses for quotes for installation of the
drainage works were within the Engineer's estimate and recommended acceptance of the
lowest bid. He also noted that the third reading and passage of the provisional by-law
2013-032 could be given.
Page 4 of 10
Council Minutes September 19, 2013
2013-390
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report DR2013-016 be received;
THAT Council accepts the tender for provision of drainage works set out in the
Form of Tender for the Soreny Branch Municipal Drain,as submitted by PBR
Excavating Inc.,in the amount of$17,500.00 (excluding HST),with work to
commence in October 2013;
AND THAT By-Law 2013-078 authorizing the execution of contract documents be
presented to Council for enactment."
CARRIED UNANIMOUSLY
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#015200 to Cheque#015277 inclusive totaling
$374,015.61 and Payroll Disbursements for the period ending September 1, 2013
totaling$57,992.77.
Councillor Casier questioned whether$6,000 spent on vehicle repairs rather than
replacement was wise.
2013-391
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Cheque Register being Cheque#015200 to Cheque#015277 inclusive,
totaling$374,015.61 and Payroll Disbursements for the-period ending September 1,
2013 totaling$57,992.77 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated August 16, 2013 from the Township of Baldwin regarding
"Request for Support".
File: A16
Council was in agreement that the policies of the provincial government that meet the
needs of large metropolitan areas do not necessarily meet the requirement of smaller rural
municipalities.
2013-392
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT correspondence from the Township of Baldwin regarding the real needs of
small municipalities be received;
THAT Council directs staff to provide a letter of support to the Township of
Baldwin and to provide Bayham assessment information, annual service costs, as
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Council Minutes September 19, 2013
applicable, total budget and levy for 2013 and total infrastructure deficit, as
requested in the correspondence."
CARRIED
(c) Staff Report PW2013-11 regarding Crossing Guard Request.
File: T08
Vance Czerwinski, Manager Public Works, explained the legislated requirements and that
the costs are the responsibility of a municipality. A Gap Assessment Study is required to
determine needs, traffic impact, type,number, location and placement. Options may
include flashing lights or crossing guards.
2013-393
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council appoint the Commissionaires to conduct a School Crossing
Warrant and Gap Survey at the quoted price of$501.13."
CARRIED
(d) Staff Report PW2013-08 regarding Health and Safety Policy and Procedures Manual
2013.
File: H04
The Manager Public Works noted that the provincial Occupational Health& Safety Act
dictates the operational policies that need to be put in place and updated regularly in
regard to the health and safety of employees, contractors and volunteers.
2013-394
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Council of the Municipality of Bayham approves the health and safety
policy and procedures manual in accordance with Section 25 of the Occupational
Health and Safety Act and Regulations, and provide staff with the direction to
further develop and update the manual on an 'as needed' basis."
CARRIED UNANIMOUSLY
(e) Memorandum regarding Howard Street Name Change.
File: C13
The Administrator advised that there appears to be no local history attached to the current
Howard Street name. He noted that the site plan for the proposed naval museum
identifies front access from the north end of the property in the coal flats area. The
Municipality can recognize a private road and designate a new name by by-law.
2013-395
Moved by Councillor T Southwick
Seconded by Deputy Mayor C Evanitski
"THAT the memorandum dated September 12,2013 regarding Howard Street
name change be received;
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Council Minutes September 19, 2013
AND THAT the Council of the Municipality of Bayham directs that staff take the
necessary steps to assign and recognize the name of"Submariner's Way" to the
street currently known as Howard Street in Port Burwell."
CARRIED UNANIMOUSLY
(fl Memorandum regarding Divestiture Discussion.
File: 1,0-7 1 /d, D F
The Administrator noted that pro's and con's in previous reports identifies potential
contaminants of concern, including arsenic and iron levels, liability and cleanup.
The ESA recommends a further risk assessment study to determine the level of
contamination.
It was noted that Council currently controls development of the water(there is no land to
acquire) and determines the level of dredging that will be done. Small Craft Harbours has
no obligation to dredge or clean up, however,they are not willing to guarantee that the
Municipality would not be required to if it should take ownership. The SCH mandate is
only to divest, they have not made any improvements in years. The municipality has no
mandate to acquire, dredge or clean-up under the current scenario.
Mayor Ens vacated the chair, seconded a motion to support a detailed level risk
assessment and requested a recorded vote on the motion.
Deputy Mayor Evanitski assumed the chair and put the motion to a vote.
The Clerk read the motion and members responded in alphabetical order to identify their
support or opposition.
Following the vote, Mayor Ens re-assumed the Chair.
2013-396
Moved by Councillor T Southwick
Seconded by Councillor P Ens
"THAT the memorandum regarding Divestiture Discussion be received;
AND THAT staff be directed to seek an additional detailed level risk assessment
relative to the "contaminants of potential concern" identified in the ESA."
In Favour Opposed
Councillor Casier X
Mayor Ens X
Deputy Mayor Evanitski X
Councillor Ketchabaw X
Councillor Southwick X
MOTION DEFEATED ON A RECORDED VOTE OF 4 TO 1 OPPOSED
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Council Minutes September 19,2013
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2013-397
Moved by Deputy Mayor C Evanitski
Seconded by Councillor T Southwick
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 9:17 p.m.to discuss labour relations or employee
negotiations."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held September 5, 2013.
(c) Confidential Report regarding labour relations or employee negotiations. (Volunteer
Firefighters)
(d) Confidential Correspondence regarding labour relations or employee negotiations.
(Letter of resignation)
(e) Confidential Report regarding labour relations or employee negotiations. (Fire
Chief/By-Law Enforcement Officer position)
(1) Out of Camera.
2013-398
Moved by Councillor T Southwick
Seconded by Deputy Mayor C Evanitski
"THAT the Committee of the Whole do now rise from the "In Camera" session at
9:59 p.m."
CARRIED UNANIMOUSLY
2013-399
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Council authorizes the Fire Chief to terminate a Firefighter for failure to
attend and participate in departmental training activities as outlined in By-Law
2013-031."
CARRIED UNANIMOUSLY
2013-400
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council accepts,with regret,the resignation of Gord Roesch as Fire Chief
and By-law Enforcement Officer, effective September 30,2013."
CARRIED UNANIMOUSLY
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Council Minutes September 19,2013
2013-401
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT staff proceed with the interim arrangements for Fire Services as outlined in
Report H2013-03 utilizing the services of the Town of Tillsonburg;
AND THAT staff commence steps to fill the vacancy in the position of Fire
Chief/By-Law Enforcement Officer."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law Z624-2013 A By-Law to further amend By-Law Z456-2003 (Pressey
Rezoning)(Deferred)
(b) By-Law 2013-072 A Provisional By-Law to provide for Drainage Works Third
Reading (Soreny Branch Municipal Drain)
2013-402
Moved by Deputy Mayor C Evanitski
Seconded by Councillor T Southwick
"THAT Provisional By-Law 2013-072 be read a third time and finally passed."
CARRIED UNANIMOUSLY
(c) By-Law 2013-077 A By-Law to authorize the signing of a Subdivision Agreement
(Stewart)
(d) By-Law 2013-078 A By-Law to authorize the Mayor and Clerk to execute an
agreement (PBR Excavating Inc.)
2013-403
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT By-Laws 2013-077 and 2013-078 be read a first, second and third time and
fmally passed,"
CARRIED UNANIMOUSLY
(e) By-Law 2013-079 A By-Law to confirm all actions of Council
2013-404
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"That confirming By-Law 2013-079 be read a first, second and third time and
fmally passed."
CARRIED UNANIMOUSLY
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Council Minutes September 19,2013
13. ADJOURNMENT
(a) Adjournment
2013-405
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council meeting be adjourned at 10:05 p.m."
CARRIED UNANIMOUSLY
V
MA OR CLERK
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