HomeMy WebLinkAboutMarch 06, 2014 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday,March 6, 2014
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, March
6, 2014 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Cliff Evanitski,
Councillors Tom Southwick, and Ed Ketchabaw, Treasurer/Acting Administrator David
Aristone and Clerk Lynda Millard.
Councillor Wayne Casier was absent.
Planning Coordinator/Deputy Clerk Margaret Underhill and Chief Building Official/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. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
No disclosures of pecuniary interest were declared.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held February 20, 2014.
2014-092
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor T Southwick
"THAT the minutes of the regular meeting held February 20, 2014 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the budget meeting held February 27, 2014.
2014-093
Moved by: Councillor T Southwick
Seconded by: Deputy Mayor C Evanitski
"THAT the minutes of the budget meeting held February 27, 2014 be approved as
circulated."
CARRIED UNANIMOUSLY
(c) Added Item(s)
2014-094
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
Page 1 of 9
Council Minutes March 06, 2014
"THAT in accordance with Section 21 of Procedural By-law 2002-93,email
correspondence from the Association of.Municipalities of Ontario dated March 4,
2014 regarding Municipal Liability Reform, confidential correspondence regarding
a proposed acquisition or disposition of land and labour relations or employee
negotiations be added to the agenda as items 5(q), 11(b) and 11(c) respectively."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
None.
2. STATEMENTS BY COUNCIL
None.
3. UPDATES ON PROJECTS
(a) Harbour Divestiture
Staff advised that an update letter has been sent to Small Craft Harbours.
5. INFORMATION ITEMS
(a) AMO Communication dated February 24, 2014 regarding "Prompt Payment Act, 2013
- Immediate Municipal Action Required".
File: A01
2014-095
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT the email correspondence from AMO regarding Bill 69, The Prompt
Payment Act,2013 be received;
THAT the Council of the Municipality of Bayham supports amendments to Bill 69
that:
• reflect more realistic timelines for payments in infrastructure projects;
• allow time for due diligence before accpting work and certifying payments; and
• allow payments to continue to be tied to project milestones;
AND THAT a letter be sent to Premier Wynne as requested by AMO."
CARRIED UNANIMOUSLY
(b) Correspondence dated February 14, 2014 from Lupus Foundation of Ontario regarding
"World Lupus Day" and "Lupus Awareness Month".
File: A01
(c) Correspondence dated February 14, 2014 from Ontario Small Urban Municipalities
(OSUM) Section of Association of Municipalities of Ontario regarding " 2014 OSUM
Conference &Trade Show".
File: A04
(d) Older Adults Centres Association of Ontario Seniors Community Grant Program
Information.
File: A16
Page 2 of 9
Council Minutes March 06, 2014
(e) Correspondence dated February 24, 2014 from Ministry of Municipal Affairs and
Housing regarding "Provincial Policy Statement, 2014".
File: A16
(fl Catfish Creek Conservation Authority 2013 Annual Report.
File: A16
(g) Correspondence dated February 12, 2014 from County of Elgin regarding "Dexter Line
Implementation Plan-A Phased Approach".
File: A16
(h) Correspondence dated February 13, 2014 from Premier Kathleen Wynne in response to
resolution regarding "Funding Tools for Public Transit Expansion".
File: A16
(i) Copy of correspondence dated February 10, 2014 from MPP Jeff Yurek to Premier
Kathleen Wynne regarding "Small, Rural and Northern Municipal Infrastructure
Fund".
File: A16
(j) Correspondence from Thames Valley District School Board regarding "2013 Directors
Annual Report".
File: Al6
(k) Minutes of the Otter Valley Rail Trail Meeting held February 14, 2014.
File: C06
(1) Correspondence dated February 21, 2014 from the Town of Aurora regarding
"Municipal Recall Election Legislation".
File: C10
(m) Correspondence from Municipalities opposed to the Proposed New OPP Billing
Model.
File: C10
(n) Correspondence dated February 20, 2014 from Tillsonburg&District Multi-Service
Centre regarding "2013 Municipal Support".
File: F i l
(o) Correspondence dated February 18, 2014 from Ministry of Community Safety and
Correctional Services regarding "Municipal Emergency Management Program Annual
Review".
File: P03
(p) Correspondence dated February 19, 2014 from Ministry of Community Safety and
Correctional Services regarding "Proposed OPP Billing Model".
File: P17
2014-096
Moved by: Councillor T Southwick
Seconded by:Deputy Mayor C Evanitski
"THAT information items 5(b) through 5(p) be received for information."
CARRIED UNANIMOUSLY
(q) Email correspondence from Association of Municipalities of Ontario dated March 4,
2014 regarding "Municipal Liability Reform".
File: A0l
Page 3 of 9
Council Minutes March 06, 2014
2014-097
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT the correspondence dated March 4, 2014 from AMO regarding Municipal
Liability Reform-More Action Needed be received;
THAT the Council of the Municipality of Bayham supports the "Combined Model"
method as detailed in the correspondence;
AND THAT a letter be forwarded to Premier Wynne,Attorney General Gerretsen,
Municipal Affairs and Housing Minister Jeffrey and Elgin Middlesex London MPP
Jeff Yurek advising of Council's support of the proposed liability reform."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
2. PUBLIC MEETING
2014-098
Moved by: Deputy Mayor C Evanitski
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. -Comprehensive Zoning By-Law Review-to consider Comprehensive
Zoning By-Law Z456-2003 Review Amendments.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
STAFF PRESENTATION
Staff Report D2014-02 regarding "Comprehensive Zoning By-Law Z456-2003
Review".
File: D14ZBR14
The Planning Co-ordinator advised that a Notice was placed in local papers and a copy
provided to property owners for which major land use changes had previously been
made. She noted that the Ministry of Natural Resources and Ministry of Transportation
have provided written suggestions and considerations which staff and the Planning
consultant have addressed.
The Planning Co-ordinator also noted that Mr. Derek Dudek, Planner, IBI Group was in
attendance to respond to any questions regarding his Memo which was attached to her
report or otherwise.
Page 4 of 9
Council Minutes March 06, 2014
PUBLIC COMMENTS
The Planning Co-ordinator advised that no written comments in opposition have been
received.
COUNCIL COMMENTS
There were no comments from Council.
ADJOURNMENT
2014-099
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT the Public Meeting be adjourned at 7:40 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2014-100
Moved by: Councillor T Southwick
Seconded by: Councillor E Ketchabaw
"THAT Staff Report D2014-02 regarding the Comprehensive Zoning By-law Z456-
2003 Review be received;
AND THAT Council direct staff to proceed with the preparation of an amendment
to Zoning By-law Z456-2003 to implement the changes proposed to date through
the "redline" changes document;
AND THAT Council supports including the additional recommended amendments
listed as items 2 a) through h)within the IBI Group Memorandum dated February
25,2014;
AND FINALLY THAT the amending by-law be prepared as necessary for
Council's enactment."
CARRIED UNANIMOUSLY
7. ROADS, AGRICULTURE & DRAINAGE
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2014-003 regarding "Bayham Community Centre".
File: A19
The CBO noted that there is no snow on the roof indicating that the heat is going right
through.
2014-101
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT Staff Report P2014-003 regarding the Bayham Community Centre be
received;
Page 5 of 9
Council Minutes March 06, 2014
THAT Council direct Staff to retain Spriet Associates to prepare a specification and
necessary drawings for replacement of the suspended ceiling and lighting in the
main hall area for a fee of$1000 plus HST;
THAT Council direct Staff to obtain quotations for the replacement of the ceiling
and lighting in the main hall area once the specification from Spriet Associates has
been received;
AND THAT Council direct Staff to retain Spriet Associates to provide a complete
HVAC survey of the building for a fee of$2500 plus HST."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#016160 to Cheque#016252 inclusive totaling
$264,704.59 and Payroll Disbursements for the period ending February 16, 2014
totaling $58,569.01.
2014-102
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT Cheque Register being Cheque#016160 to Cheque#016252 inclusive
totaling $264,704.59 and Payroll Disbursements for the period ending February 16,
2014 totaling $58,569.01 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated February 20, 2014 from County of Elgin regarding "2013
Library Usage and Statistics Report".
File: A16
The Planning Co-ordinator noted that the proposed fee increase will cover the planning
consultant costs for comments on consents, however, does not cover staff time nor
administrative costs.
2014-103
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT correspondence from County of Elgin regarding 2013 Library Usage and
Statistics Report be received for information."
CARRIED UNANIMOUSLY
(c) Staff Report C2014-03 regarding "Amend Rates and Fees By-Law 2012-022".
File: CO1
2014-104
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report C2014-03 regarding an amendment to the Rates and Fees By-
law 2012-022 be received;
Page 6 of 9
Council Minutes March 06, 2014
AND THAT By-law 2014-023, being a by-law to further amend Rates and Fees By-
law 2012-022, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(d) Staff Report C2014-02 regarding "Civil Marriage Officiant Services Renewal".
File: L12
2014-105
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT 2014-019,being a by-law to authorize renewal of an agreement with
Marion F. Rogers for the provision of marriage officiant services,be presented to
Council for enactment;
AND THAT By-law 2014-020,being a by-law to authorize the renewal of an
agreement with Jack C. Wharram Jr. for the provision of marriage officiant
services, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(e) Staff Report F2014-06 regarding "Section 358 Reduction of Taxes".
File: F22
2014-106
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT Council approves the submission of an application under Section 358 of the
Municipal Act, to the Municipal Property Assessment Corporation, to address the
circumstance outlined in Report No. F2014-06."
CARRIED UNANIMOUSLY
(f) Federal grant approval under the Enabling Accessibility Fund for the Vienna
Community Centre. By-Law 2014-024 authorizing execution of
agreement. (agreement not yet available)
Council requested a copy of the funding agreement upon its availability.
2014-107
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT By-Law 2014-024, being a by-law to authorize the execution of an
agreement regarding the Enabling Accessibility Fund, be presented to Council for
enactment."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
Page 7 of 9
Council Minutes March 06, 2014
2014-108
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 7:45 p.m. to discuss:
• personal matters about an identifiable individual,including municipal or local
board employees;
• a proposed or pending acquisition or disposition of land by the municipality or
local board."
CARRIED UNANIMOUSLY
(b) Confidential correspondence regarding a proposed or pending acquisition or
disposition of land by the municipality or local board. (29 Wellington St. Port Burwell)
(c) Confidential correspondence regarding personal matters about an identifiable
individual, including municipal or local board employees(Administrator position).
(d) Out of Camera.
2014-109
Moved by: Councillor T Southwick
Seconded by: Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera" session at
9:03 p.m."
CARRIED UNANIMOUSLY
11(b)
2014-110
Moved by: Councillor T Southwick
Seconded by: Deputy Mayor C Evanitski
"THAT the Council of the Municipality of Bayham accepts the Agreement of
Purchase and Sale for the former OPP building located at 29 Wellington Street,
Port Burwell and dated March 5,2014, subject to conditions, as discussed in closed
session;
THAT the property be declared surplus to the Municipality's needs;
THAT the Mayor and Clerk be authorized to sign the Agreement, as amended;
AND THAT staff be directed to proceed with the necessary actions to complete the
transaction."
CARRIED UNANIMOUSLY
Page 8 of 9
Council Minutes March 06, 2014
12. BY-LAWS
(a) By-Law 2014-019 A By-Law to authorize the renewal of an Employment
Agreement for Civil Marriage Officiant Services (Rogers)
(b) By-Law 2014-020 A By-Law to authorize the renewal of an Employment
Agreement for Civil Marriage Officiant Services (Wharram)
(c) By-Law 2014-023 A By-Law for further amend By-Law 2012-022 (Imposing Rates
and Fees)
(d) By-Law 2014-024 A By-Law to authorize the execution of an agreement (Enabling
Accessibility Fund Vienna Community Centre)
2014-111
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT By-Laws 2014-019, 2014-020, 2014-023 and 2014-024 be read a first, second
and third time and finally passed."
CARRIED UNANIMOUSLY
(e) By-Law 2014-025 A By-Law to confirm all actions of Council
2014-112
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"That confirming By-Law 2014-025 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2014-113
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned at 9:05 p.m."
CARRIED UNANIMOUSLY
MAYOR CLERK
Page 9 of 9