HomeMy WebLinkAboutMay 15, 2014 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday, May 15, 2014
7:00 p.m.
8:00 p.m. Court of Revision -Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, May
15, 2014 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Cliff
Evanitski, Councillors Wayne Casier, Tom Southwick and Ed Ketchabaw, Administrator Paul
Shipway and Clerk Lynda Millard.
Planning Coordinator/Deputy Clerk Margaret Underhill, Chief Building Official/Drainage
Superintendent Bill Knifton and Water/Wastewater Operations Manager Ed Roloson 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
Deputy Mayor Evanitski advised of a conflict regarding item 7.2 (Mueller Drain) as he is
related to the applicant property owner.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held May 1, 2014.
Deputy Mayor Evanitski requested amendments to the May 1st minutes to reflect that he
declared a conflict in regard to the Mueller Drain under items #2 and# 7.2.
2014-246
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT the minutes of the regular meeting held May 1, 2014 be approved, as
amended."
CARRIED UNANIMOUSLY
(b) Added Item.
2014-247
Moved by: Councillor T Southwick
Seconded by: Councillor E Ketchabaw
Page 1 of 13
Council Minutes May 15, 2014
"THAT in accordance with Section 21 of Procedural By-law 2002-93, a request
from Earl Shea, Chairman of the Harbourfront Committee to be a delegation be
added to the agenda as item 4(b)."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. -Randy Breyer regarding "Farmer's Market".
Randy Brier provided a written submission regarding his proposal to hold a Farmer's
market to be held every Friday from 3:00 p.m. to 8:00 p.m. and every Saturday from 9:00
a.m. to 3:00 p.m. of the growing season at the Vienna Memorial Park. He stated that this
location gives the farmers of the area fantastic exposure to the many campers,beach
users and residents of the area. A high percentage of the 115,000 visitors to the Provincial
Park in 2013 use Highway 19 (Plank Road) as their travel route.
Mr. Breyer commented that property owners already contribute to the Municipal liability
insurance coverage on the Park and it would be double indemnity for the participating
farmers to provide further coverage. He suggested vendors sign a form confirming their
responsibility for keeping their own space clean or would be they would be subject to a
minimum fine of$50.00 and would not be permitted to continue to participate until all
fines cleared.
Mr. Breyer confirmed that he is willing to take on the organizational part of this project
and to oversee the operation.
Discussion of how to get local farmers to support the proposal and participate,
promotional ideas, insurance coverage, effects on local businesses and other pros and
cons followed with Mr. Breyer responding to questions from Council.
2014-248
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT the correspondence from Randy Breyer regarding a Farmer's Market be
received;
THAT Council supports the proposal for a Farmer's Market, organized by Randy
Breyer, to be held at the Vienna Memorial Park on Fridays from 3:00 p.m. to 8:00
p.m. and Saturdays from 9:00 a.m. to 3:00 p.m. throughout the crop growing
summer/fall season;
THAT the users provide confirmation of liability insurance coverage (name of
insurer and policy number or certificate of insurance naming the Municipality of
Bayham as an additional insured);
Page 2 of 13
Council Minutes May 15, 2014
THAT an initial refundable damage deposit of$50.00 be paid to the Municipality of
Bayham by each vendor, to be refunded, less any costs for repairs, as applicable, at
the close of the Farmer's Market;
THAT any vendor causing damage amounting to $50.00 or more pay the full cost of
the repairs incurred;
THAT any vendor refusing to pay for repairs be refused further access to the
Vienna Memorial Park until such costs have been paid in full;
THAT staff assist with development of a suitable vendor application form;
AND THAT staff ensure sufficient garbage and recyclable containers are available
at the Park for use by the vendors and the public, and contents removed in a timely
manner."
CARRIED UNANIMOUSLY
(b) 7:25 p.m. -Earl Shea, Harbourfront Committee Chairman, regarding Lighting on
the Port Burwell East Pier
Mr. Shea spoke on behalf of the Harbourfront Committee requesting Council approval to
spend up to $1,500 for an engineering study to determine the specifications required for
installation of lighting on the pier. He noted that conduit had been put in place when the
pier had been resurfaced, however, contractors are hesitant to provide price quotes
without the detailed specifications. He suggested that the dredging budget could be used
as a source of funding.
The Administrator acknowledged that there is $80,000 in the budget, however, these
dollars are to be raised through grants, donations and fundraising. He suggested that the
matter be referred back to staff for an internal review of the Waterfront Master Plan,
comments provided to the consultant and a final report could be back to Council by the
end of July.
Council discussion followed and staff direction was given to review the plan and report
back to Council in June with funding options.
2. STATEMENTS BY COUNCIL
None.
3. UPDATES ON PROJECTS
None.
5. INFORMATION ITEMS
1. CORRESPONDENCE & REPORTS
(a) Correspondence dated April 26, 2014 from Cement Association of Canada regarding
"Proposed Changes to the Ontario Building Code".
File: A01
Page 3 of 13
Council Minutes May 15, 2014.
(b) Correspondence dated April 30, 2014 from Central Algoma Joint Disaster Relief
Committee regarding "Donation".
File: A16
(c) Committee of Adjustment Certified Notice of Decision regarding "Wayne DeJong".
File: D13
(d) Correspondence dated April, 2014 from Ministry of Citizenship and Immigration
regarding "Ontario Medal For Good Citizenship".
File: M02
(e) Aylmer Area Community Foundation "People Who Make a Difference" Nomination
Form.
File: M02
(f) OPP News Release regarding "Victoria Day Long Weekend".
File: P17
2014-249
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT information items 5(a) through 5(f) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a) Staff Report D2014-07 regarding "Hoover Plan Agreement/By-Law 2014-056".
File: D11.HOOV
2014-250
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT By-Law 2014-056, being a by-law to authorize the execution of a Site Plan
Agreement with Tobias and Donna Hoover and the Municipality of Bayham be
presented to Council for enactment."
CARRIED UNANIMOUSLY
7. ROADS, AGRICULTURE & DRAINAGE
1. COURT OF REVISION -DRAINAGE
2014-251
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
Page 4 of 13
Council Minutes May 15, 2014
"THAT in accordance with the provisions of the Drainage Act, the Council of the
Municipality of Bayham appoints Paul Ens, Tom Southwick, Wayne Casier and Ed
Ketchabaw to sit as members of the Court of Revision;
THAT Paul Ens act as Chairman;
AND THAT the Council Meeting be adjourned for the purpose of holding a Court
of Revision pursuant to the provisions of the Drainage Act."
CARRIED UNANIMOUSLY
APPLICATION
8:00 p.m. - Court of Revision - Meuller Drain 2014
Court of Revision regarding the assessment of properties in regard to Drainage Report
No. 211364 prepared by Spriet Associates and referred to as the Meuller Drain 2014.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
Deputy Mayor Evanitski disclosed a conflict of interest in the Meuller Drain and vacated his
chair during discussion and voting on the matter.
STAFF PRESENTATION
Staff Report DR2014-006 regarding "Meuller Drain 2014 Court of Revision".
File: E09
A written Notice of Appeal has been received by the Clerk from Tom and Joanne
Teather.
Drainage Superintendent Bill Knifton presented his report and noted that Mr. Teather is
in attendance in regard to his appeal, submitted for consideration.
PUBLIC COMMENTS
Mr. Tether indicated that he believes the benefit, as defined under the assessment definitions
in the report, will not be met for his property. He commented that no water from his property
goes to the outlet and questioned what amount of water would run solely from his property
through the Mueller Drain as he believes his land will continue to carry all excess water
across it.
Mr. Spriet responded that the new catch basin is better and larger than the old one, will carry
an increase in water of 60% and will improve Mr. Tether's situation.
COURT MEMBER COMMENTS
E. Ketchabaw requested clarification regarding the benefit assessment.
Page 5 of 13
Council Minutes May 15, 2014
Mr. Spriet responded that the oversize catch basin will provide a benefit to Mr. Tether as it
will enable the water to be taken underground and away from the Tether property.
DISPOSITION OF ITEM
2014-252
Moved by: W Casier
Seconded by: T Southwick
"WHEREAS, in accordance with Section 52, Chap. D.17 of the Drainage Act,
R.S.O. 1990 the appeal period which allows any owner of land assessed for drainage
works to appeal:
-that road or land has been assessed too high or too low, or
- that any land or road that should be assessed has not been assessed, or
- that due consideration has not been given as to type of use of land, has expired,
and the Court of Revision has determined the assessment appeal for property owned
by T & J Teather, being Lot 6 Conc. 10, Roll# 005-122-50) to be denied;
THEREFORE the Court of Revision for the Mueller Drain 2014 hereby confirms
the assessments as per the Engineer's Report#211364 dated March 14,2014."
CARRIED UNANIMOUSLY
ADJOURNMENT
2014-253
Moved by: T Southwick
Seconded by: E Ketchabaw
"THAT the Court of Revision be adjourned and the Council meeting be reconvened
at 8:18 p.m."
CARRIED UNANIMOUSLY
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(a) Correspondence dated May 5, 2014 from Elgin St. Thomas EMS regarding "6215
Plank Road".
File: P15
2014-254
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT the correspondence regarding use of 6215 Plank Road, Vienna for the
purpose of locating an Emergency Response Unit be received for information."
CARRIED UNANIMOUSLY
Page 6 of 13
Council Minutes May 15, 2014
9. FINANCE, ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#016567 to Cheque#016625 inclusive totaling
$127,366.48 and Payroll Disbursements for the period ending April 27, 2014 totaling
$49,942.40.
2014-255
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT the Cheque Register, being Cheque#016567 to Cheque#016625 inclusive,
totaling $127,366.48 and Payroll Disbursements for the period ending April 27, 2014
totaling $49,942.40 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated May 8, 2014 from Carolyn Zwicker, Outreach Programs,
Ontario Early Years Centre - Elgin Middlesex London requesting use of green space at
the Straffordville Community Park for the "Summer Park Program".
File: C13
2014-256
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT the correspondence dated May 8, 2014 submitted by Carolyn Zwicker,
Ontario Early Years Centre-Elgin Middlesex London be received;
THAT Council grants permission to use green space in the Straffordville
Community Park on Friday mornings from 9:30 a.m. - 11:30 a.m. for the period
July 11 to August 22, 2014, subject to proof of liability insurance coverage, naming
the Municipality of Bayham as an additional insured, in the minimum amount of
$2,000,000;
AND THAT the cleanup of the area be the responsibility of the users."
CARRIED UNANIMOUSLY
(c) Memorandum C2014-16 regarding "MNR Park Agreement Amendment".
File: CO1
2014-257
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Memorandum C2014-15 regarding MNR Park Agreement Amendment be
received;
Page 7 of 13
Council Minutes May 15, 2014
AND THAT By-Law 2014-055, being a by-law to amend the description of lands on
the agreement to facilitate registration, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(d) Memorandum C2014-16 regarding "Wind Interpretive Centre".
File: C13
Further to interest in keeping the centre open for visitors, staff advised that an inspection
had been completed and the building is currently in a safe condition for staff and visitors.
Council also discussed whether to continue to put funds into the wind interpretive centre
building or to upgrade low tech signage to include installation of a basic bulletin board
for community use.
Staff was directed to look into placing community bulletin board type signage on the site.
2014-258
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT Memorandum C2014-16 regarding Wind Interpretive Centre be received;
THAT Council supports staffing the Wind Interpretive Centre from late June until
Labour Day;
THAT the Municipality accepts the offer by GDF Suez Canada to donate $2,000
toward the costs associated with staffing the Wind Interpretive Centre;
AND THAT the Municipality of Bayham agrees to hire student staffing, as
recommended by Mr. Kirby, for up to a maximum of 35 hours per week, subject to
fundraising efforts of the committee to cover the full costs."
CARRIED UNANIMOUSLY
(e) Correspondence from Natural Resource Gas regarding "Quarterly Rate Adjustment
Mechanism".
File: E06
The Administrator commented that he believes it is not appropriate or reasonable for
NRG to recoup their additional costs and penalties from their consumers when it is
related to the company's poor management practices rather than an increase in
commodity prices.
2014-259
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
WHEREAS Natural Resource Gas Limited (NRG), which has a Franchise
Agreement to provide natural gas to the majority of the residents serviced with
Page 8 of 13
Council Minutes May 15, 2014
natural gas in the Municipality of Bayham and surrounding-areas, has made
application to the Ontario Energy Board to recover from its ratepayers, costs
associated with servicing consumers with natural gas;
AND WHEREAS based on actual and forecast natural gas prices for the April 2013
through March 2014 the NRG Purchased Gas Commodity Variance Account
(PGCVA) balance and the Ontario Energy Board decision and Interim Order have
resulted in an average residential consumer rate increase of approximately $280 a
year;
AND WHEREAS, as outlined in the Ontario Energy Board Act, 1998 S.O. 1998,
CHAPTER 15 SCHEDULE B, Section 2 (2) the Ontario Energy Board, in carrying
out its responsibilities under this or any other Act in relation to gas, shall be guided
by the following objectives:
To protect the interests of consumers with respect to prices and the reliability and
quality of gas service;
AND WHEREAS the Notice in Appendix 'C' to Ontario Energy Board Case No.
2014-0053 submitted by NRG states:
`NRG is permitted to recover what it pays for the purchase of gas plus any costs
reasonably associated with this purchase';
NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Bayham direct staff to submit a `letter of comment' to the Ontario Energy Board-
Case No. EB 2014-0053 regarding Natural Resource Gas Limited (NRG) request to
recover from consumers the costs of natural gas purchases made by NRG in
February 2014 in order to fulfill its contract with Union Gas Limited;
AND THAT the `letter of comment' highlight the Council of the Municipality of
Bayham position that NRG not be granted permission from the Ontario Energy
Board to recover, from consumers, the penalty costs associated with NRG's failure
to fulfill the obligations of its contract to Union Gas Limited with due prudence as
evidenced by the facts that:
i. the penalty costs associated with the purchase of gas are a result of poor contract
management and are not `reasonable' to be passed onto consumers;
ii. the April 1, 2014 Decision and Interim Order of the Ontario Energy Board noted
that 'NRG acted imprudently during the past winter because it did not take any
pre-emptive action to mitigate the shortfall in its banked gas account';
iii. Ontario Energy Board staff submitted that a prudent utility operator would
have begun to mitigate the variance in its banked gas account early in the winter by
making incremental gas purchases with a view to spread spot gas purchases over the
winter and thereby diversify the risk associated with these incremental purchases;
AND THAT a copy of this resolution be forwarded to the County of Elgin and all
affected lower tier municipalities in Elgin County, requesting the same to submit a
`letter of comment' to the Ontario Energy Board stating the position that NRG not
Page 9 of 13
Council Minutes May 15, 2014
be granted permission to recover, from consumers, the penalty costs associated with
NRG's failure to fulfill the obligations of its contract to Union Gas Limited."
CARRIED UNANIMOUSLY
(f) Correspondence dated May 6, 2014 from Ministry of Agriculture and Food and
Ministry of Rural Affairs regarding "Economic Development Initiatives and
Opportunities Plan",
File: Fi l
2014-260
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT correspondence from Ministry of Agriculture and Food and Ministry of
Rural Affairs regarding the Rural Economic Development(RED) Program be
received for information."
CARRIED UNANIMOUSLY
(g) Memorandum C2014-17 regarding "HST Related to Community Groups".
File: A21
Council discussed the concerns raised by the two organizations regarding the addition of
the HST to the April contracts. It was agreed that the outstanding agreements must be
signed and outstanding amounts, less HST, be paid.
Further to staff recommendations regarding procedures for collection of rental fees
Council directed the matter to the Community Centres Committee for discussion and
recommendation back to Council.
2014-261
Moved by: Councillor T Southwick
Seconded by: Councillor E Ketchabaw
"THAT the Council of the Municipality of Bayham directs that all new Community
Centre rental contracts be assessed HST beginning May 1, 2014;
AND THAT contracts signed prior to notice of HST be exempt from HST."
CARRIED UNANIMOUSLY
(h) Staff Report F2014-011regarding "Rural Economic Development (RED) Program".
File: F11
2014-262
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
Page 10 of 13
Council Minutes May 15, 2014
"THAT Staff Report F2014-011 regarding the Rural Economic Development (RED)
Program be received;
AND THAT Council authorizes sole-sourcing the Economic Development Initiatives
and Opportunities Plan to Millier, Dickinson, Blais, pursuant to the justifications
outlined in the report;
AND THAT By-Law 2014-058 be presented to Council for enactment."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Quarterly Report for the Bayham Water Distribution System and call ins for the period
ending March 31, 2014.
File: E08
Staff noted that there had been a substantial loss of water due to burst pipes at the old
firehall during the winter.
Council agreed and directed that the water loss should be billed to the Municipality rather
than the water users.
2014-263
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT the Quarterly Report for the Bayham Water Distribution System and call
ins for the period ending March 31, 2014 be received for information."
CARRIED UNANIMOUSLY
(b) Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the
period ending March 31, 2014.
File: E08
2014-264
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT the Quarterly Report for the Small Municipal Non-Residential Wells for
the period ending March 31, 2014 be received for information."
CARRIED UNANIMOUSLY
(c) Quarterly Report for the Richmond Community Water System and call ins for the
period ending March 31, 2014.
File: E08
Page 11 of 13
Council Minutes May 15, 2014
2014-265
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT the Quarterly Report for the Richmond Community Water System and call
ins for the period ending March 31, 2014 be received for information."
CARRIED UNANIMOUSLY
(d) Port Burwell Wastewater Treatment Plant Quarterly Compliance Summary and call ins
for the period ending March 31, 2014.
File: E08
2014-266
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Port Burwell Wastewater Treatment Plant Quarterly Compliance
Summary Report and call ins for the period ending March 31, 2014 be received for
information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
There were no Closed Session items.
12. BY-LAWS
(a) By-Law 2014-055 A By-Law to amend By-Law 2014-004 and Appendix
"A" (Minister of Natural Resources Sewer Services Installation and Connection)
(b) By-Law 2014-056 A By-Law to authorize the execution of an agreement (Hoover
Site Plan)
(c) By-Law 2014-058 A By-Law to authorize the execution of a Funding
Agreement (RED Agreement not available at time of publishing)
2014-267
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT By-Laws 2014-055, 2014-056 and 2014-058 be read a first, second and third
time and finally passed."
CARRIED UNANIMOUSLY
(d) By-Law 2014-057 A By-Law to confirm all actions of Council
Page 12 of 13
Council Minutes May 15, 2014
2014-268
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT confirming By-Law 2014-057 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2014-269
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT the Council meeting be adjourned at 9:41 p.m."
CARRIED UNANIMOUSLY
M IOR CLERK
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