HomeMy WebLinkAboutJune 05, 2014 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday,June 5 2014
6:30 p.m.
7:30 p.m. —Public Meeting—Planning (Rezoning)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,June
5, 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, Public Works Manager Vance
Czerwinski 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 6:30 p.m.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF,ADDITION OF AGENDA ITEMS AND CLOSED SESSION
No disclosures of pecuniary interest were declared.
(a) Added Item(s)
2014-275
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,Report
PR2014-03 regarding a lease agreement, confidential Memo C2014-18 regarding an
Agreement of Purchase and Sale,By-laws 2014-065 and 2014-066 be added to the
agenda as items 9(i), 2(g), and 12, respectively."
CARRIED UNANIMOUSLY
(b) In Camera.
2014-276
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 6:35 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;
• advice that is subject to solicitor-client privilege, including communications
necessary for that purpose."
CARRIED UNANIMOUSLY
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c) Confidential verbal report regarding advice that is subject to solicitor-client privilege,
including communications necessary for that purpose.
(d) Confidential verbal report regarding personal matters about an identifiable individual,
including municipal or local board employee.
(e) Closed session minutes of the regular meeting of Council held May 1, 2014.
(fl Closed session minutes of the special meeting held May 22, 2014.
(g) Confidential Memorandum regarding a proposed or pending acquisition or disposition
of land by the municipality or local board.
(h) Out of Camera.
2014-277
Moved by:Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera" session at
7:10 p.m."
CARRIED UNANIMOUSLY
2014-278
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Council accepts the Agreement of Purchase and Sale for property located
at 29 Wellington Street, Port Burwell as provided by real estate agent Chris
DeClark;
AND THAT By-Law 2014-066, being a by-law to authorize the Mayor and Clerk to
sign the necessary documents to complete the sale, be presented to Council for
enactment.'
CARRIED UNANIMOUSLY
3. APPROVAL OF MINUTES
(a) Minutes of the special meeting of Council held May 13, 2014.
2014-279
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT the minutes of the special meeting held May 13, 2014 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the regular meeting of Council held May 15, 2014.
2014-280
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT the minutes of the regular meeting of Council held May 15, 2014 be
approved as circulated."
CARRIED UNANIMOUSLY
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(c) Minutes of the special meeting of Council held May 22, 2014.
2014-281
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT the minutes of the special meeting held May 22, 2014 be approved as
circulated."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) Courtney-Brooke Laurie and Joy Dawkins from Elgin St. Thomas Public Health
regarding "2013 Nutritious Food Basket Report".
File: A16
The delegation provided a short video regarding"The Real Cost of Eating Well in St.
Thomas and Elgin County". The video noted the various aspects and factors that
contribute to poor health. According to the survey, the 2013 average weekly cost of the
Nutritious Food Basket for a family of four in Elgin County was $184.95. In general, the
lower the family income, the poorer the health of the members. Families with low
incomes have difficulty paying for the basic necessities and the amount of income
available to spend on healthy foods is compromised by other demands.
The video is available on the Elgin-St. Thomas Public Health website at
http://www.elginhealth.on.ca
2. STATEMENTS BY COUNCIL
Councillor Casier advised that a demonstration is being conducted under the Alus program at
10:00 a.m. Friday at M & R Orchards.
Mayor Ens announced that Edison Fest is being held on Saturday in Vienna.
3. UPDATES ON PROJECTS
There were no updates.
5. INFORMATION ITEMS
(a) Correspondence dated May 14, 2014 from Independent Electricity System Operator
regarding "2013 Annual Report". (Full Report Available)
File: A01
(b) Correspondence dated May 22, 2014 from Eleanor McMahon regarding "Take the
Active Communities Pledge".
File: A01
(c) Long Point Region Conservation Authority Minutes of meeting held April 2, 2014.
File: A16
(d) Correspondence dated May 26, 2014 from Ontario Energy Board regarding "Municipal
Resolutions Hydro One Networks Inc".
File: C10
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(e) Committee of Adjustment Certified Notice of Decision regarding "Herman and Justina
Neudorf'.
File: C13
(1) Correspondence dated May 2014 from Ministry of Citizenship and Immigration
regarding "Senior Achievement Award".
File: M02
(g) Correspondence dated April 22, 2014 from College of Physicians and Surgeons of
Ontario regarding "Council Award Honouring Outstanding Ontario Physicians".
File: M02
(h) Municipality of Bayham Control Group minutes of meeting held May 28, 2014.
File: P03
(i) Correspondence dated May 1, 2014 from Ontario Provincial Police regarding "Ministry
of Municipal Affairs and Housing Performance Measurement Program".
File: P17
2014-282
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT information items 5(a) through 5(i) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Report D2014-09 regarding "Breedon - Subdivision Agreement".
File: L04.BREE
The Planning Co-ordinator noted that the subdivision agreement is to acknowledge the
existence of the neighbouring livestock operation and address the conditions imposed on
the consent application to create two new lots, as approved by the Land Division
Committee.
2014-283
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT the Breedon Subdivision Agreement relating to the conditions of Consent
Applications E34/13 and E35/13 be approved;
AND THAT authorizing By-law 2014-060 be presented for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report D2014-10 regarding "Breedon Rezoning Application".
File: D14.Breel4
The Planning Co-ordinator noted that the removal of the holding symbol applies only to
the two newly created lots.
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2014-284
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT the zoning on lands owned by Brian and Theresa Breedon, described as
Parts 1 & 2 on Registered Plan 11R9739, be changed from Hamlet Residential-
Holding IHR-hl] to Hamlet Residential(HR) in Bayham Zoning By-law Z456-2003,
as amended;
AND THAT Zoning By-law Z630-2014 be presented to Council for enactment."
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
2014-285
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"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
Village Residential (R1) Zone to the Institutional (I) Zone submitted by the Lighthouse
Gospel Church.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
No disclosures of pecuniary interest were declared.
STAFF PRESENTATION
Staff Report D2014-08 regarding "Lighthouse Gospel Church Rezoning".
File: D14.LIGH
The Planning Co-ordinator advised that the Lighthouse Gospel Church intends to
construct an addition to their building in the near future, which will be subject to site plan
control. The northwesterly corner of the property being used as the overflow parking area
is zoned Village Residential (R1) in the Zoning By-law, a use that is not permitted in the
R1 Zone.
The rezoning is minor and will bring the subject lands into compliance with the rest of
the property.
She noted that no written comments from the public have been received and that Mr.
Roe, Planning Consultant for the applicant was present to respond to any questions from
Council.
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PUBLIC COMMENTS
No comments from the public were received.
COUNCIL COMMENTS
Council members had no comments or concerns.
ADJOURNMENT
2014-286
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT the Public Meeting be adjourned and the Council meeting reconvene at
7:34 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2014-287
Moved by:Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT the zoning of a portion of land located at 59 Victoria Street, owned by
Lighthouse Gospel Church,be changed from Village Residential (R1) to
Institutional (I);
AND THAT Zoning By-law Z629-2014 be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE
(a) Event Road Closure Request Form submitted by Port Burwell Historical Society
regarding "Canada Day Celebrations".
File: T09
2014-288
Moved by:Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT the Event Road Closure Request Form submitted by the Port Burwell
Historical Society be received;
THAT municipal streets in Port Burwell be used for a Canada Day Parade on July
1, 2014 beginning at 11:30 a.m. from the Legion;
THAT the Municipality hereby requests permission from the County of Elgin to use
Wellington Street from Elizabeth Street west to Robinson Street;
AND THAT the Municipality of Bayham Manager of Public Works take the
necessary precautions for traffic control, safety and signage requirements."
CARRIED UNANIMOUSLY
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(b) Staff Report PW2014-15 regarding "Edison Drive Bridge".
File: T04 Edison
The Administrator noted that the meeting with County officials and staff had cleared up
communications between the two parties. The most cost effective solution to be proposed
to County Council at the next meeting will extend Old Mill Line to Edison Drive and
remove the bridge upon completion of the project.
Due to the requirements of the mandatory Environmental Assessment, the construction
will not take place until 2015.
In addition, it was noted that the County is planning to incorporate a biking lane on Plank
Road, which will delay the resurfacing in downtown Vienna.
2014-289
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
THAT Report PW2014-15 be received for information;
THAT, in the view of the recent consultation meeting held May 14, 2014 with
Warden Marr and Senior County staff regarding the Edison Drive Bridge, the
Council of the Municipality of Bayham, respectfully requests that the Council of the
County of Elgin consider implementation of the following actions:
i. The County of Elgin solely fund the costs,inclusive of, but not limited to all
applicable, studies, surveys, approvals, legal, culverts and required infrastructure,
and construct a fully accessible surface treated road from Old Mill Line extending
westerly to Edison Drive in Vienna, being a portion of road approximately five
hundred (500) metres in length and approximate to the former road allowance;
ii. The County of Elgin solely fund the costs, inclusive of, but not limited to all
applicable, studies, surveys, approvals, legal, and manage the decommission and
removal of the Edison Drive Bridge, inclusive of renaturalization of the area, after
the construction of Old Mill Line is complete;
iii, The County of Elgin, during the period where the existing Edison Drive Bridge
is not decommissioned, continues to maintain ownership and jurisdiction of the
Edison Drive Bridge until Edison Drive Bridge is removed in its entirety;
iv. If necessary, the County of Elgin fund the aforementioned proposed Old Mill
Line, by reallocating funds from the 2014 Plank Road project as defined in the 2014
County of Elgin Capital budget, with the understanding that staff shall propose to
County Council to include funds into the 2015 County of Elgin Capital Budget to
complete the Plank Road project;
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AND THAT, should the County of Elgin pursue the work as described involving no
costs to the Municipality of Bayham, the Council of the Municipality of Bayham
shall authorize the County of Elgin to act as its constructor, with the further
understanding that the proposed Old Mill Line Road shall be owned and
maintained by the Municipality of Bayham.
CARRIED UNANIMOUSLY
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#016626 to Cheque#016761 inclusive totaling
$267,947.02 and Payroll Disbursements for the period ending May 11, 2014 and May
25, 2014 totaling $50,125.65 and $57,648.26 respectively.
2014-290
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT Cheque Register being Cheque#016626 to Cheque#016761 inclusive
totaling $267,947.02 and Payroll Disbursements for the period ending May 11, 2014
and May 25, 2014, totaling $50,125.65 and $57,648.26 respectively, be approved."
CARRIED UNANIMOUSLY
(b) Correspondence from Randy Breyer, Bayham's Family Table regarding "Signage".
File: C13
Following discussion, it was agreed that the item be referred to staff for review and report
back to Council with recommendations.
(c) Staff Report PW2014-14 regarding "Tandem Plow Truck Tender".
File: F18
The Public Works Manager noted that the price for the International truck includes a new
body, chassis and plow equipment and commented that outright resale of the old truck
will likely generate more than the value offered for a trade-in. It will not be sold until
after the new one has arrived. The GPS and two-way radio system will be removed from
the old truck and re-installed in the new one. The vehicle comes with an 84 month/9000
hour warranty on the engine. The Sterling tandem truck being replaced is a 2002 model
and has about 9000 hours. The Municipality has three other Sterling trucks.
2014-291
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT Council approves the purchase of a new International Tandem Plow Truck
from Carrier Truck Centre for the bid price of$214,950.00, plus H.S.T.;
THAT the extended warranty package to provide additional coverage, be
purchased for an additional$10,850.00, plus H.S.T.
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AND THAT Staff be authorized to sell the 2002 Plow Truck."
CARRIED UNANIMOUSLY
(d) Staff Report F2014-012 regarding "Ontario Regulation 453/07 Financial Plan".
File: F05 Water
2014-292
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report F2014-012 regarding Municipality of Bayham Water Rate
Study and Ontario Regulation 453/07 Financial Plan be received;
THAT Council authorizes sole-sourcing Watson & Associates Economists Ltd. to
develop an Ontario Regulation 453/07 Water Financial Plan and two Drinking
Water Licence applications pursuant to the work plan presented in Appendix 'A'
attached hereto;
THAT funds up to the amount of twenty thousand dollars ($20,000) be transferred
from the Waterworks Reserve account to complete the project;
AND THAT Council direct staff to bring forward a by-law to enter into an
agreement with Watson & Associates Economists Ltd to develop an Ontario
Regulation 453/07 Water Financial Plan."
CARRIED UNANIMOUSLY
(e) Staff Report F2014-013 regarding "East Pier Electrical Specifications".
File: A01
The Administrator advised that he had approached an Engineer other than CJDL and was
advised that;
• the caulking on the metal caps currently on the pier is starting to fail and will need
preventative maintenance to address damage due to freezing water;
•prior to any engineered electrical specifications, specifications for installation of
reinforced concrete piers extending approximately three feet(3ft) above the pier at each
light location should be undertaken. (the reinforced concrete piers could alter the
electrical specifications.) These are recommended to prevent the sheering off of light
stations during winter ice jams.
As well, the Municipal insurance broker has advised that any light installations on the
East Pier would not be covered under the Municipal Insurance Policy, as this proposed
installation would fall under an exclusion category.
Following discussion Council agreed they would like to have engineered specifications
and quotes to be able to proceed with funding applications such as to the Ontario Trillium
Foundation.
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The matter was deferred to allow staff time to investigate further and report back to
Council at the next or subsequent Council meeting.
(f) Staff Report F2014-014 regarding "Farmers" Market Insurance".
File: L04
2014-293
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report F2014-014 regarding Farmers' Market Insurance be received
for information."
CARRIED UNANIMOUSLY
(g) Staff Report F2014-015 regarding Port Burwell Concession Stand.
File: L04
Following discussion it was agreed that vendors allowed on the beach should not have a
monetary advantage over local food service operators.
2014-294
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT Staff Report F2014-015 regarding Port Burwell Beach Concession Stand be
received for information;
THAT the proposal from Mr. Pettigrew be denied at this time;
AND THAT Council directs staff to prepare a by-law to amend By-Law 2009-086 to
disallow licensing of refreshment vehicles on Municipal lands for Council support."
CARRIED UNANIMOUSLY
(h) Staff Report F2014-016 regarding "Wind Interpretative Centre Operations".
File: L04
2014-295
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report F2014-016 regarding Wind Interpretative Centre Operations
be received for information;
THAT By-law 2014-063, being a by-law to authorize entering into an agreement,
based on the key provisions as indicated within Report F2014-16, with Erie Shores
Wind Farm for the funding and operation of the Wind Interpretive Centre, be
presented to Council for enactment;
AND THAT a `letter of thanks' be sent to Erie Shores Wind Farm, the Wind
Interpretive Centre Committee and GDF Suez for their dedication to the
Municipality of Bayham."
CARRIED UNANIMOUSLY
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(i) Staff Report PR2014-003 regarding "Nikolic - 24 Pitt Street".
File: L04
Discussion of a potential lease arrangement indicated that members were not in favour of
entering into an interim storage agreement with the property purchaser.
2014-296
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report PR2014-03 regarding proposed Lease Agreement for 24 Pitt
St. be received for information;
THAT By-law 2014-065, being a by-law to authorize the Mayor and Clerk to
execute a lease agreement with Vladimir Nikolic for property located at#24 Pitt St.
be presented to Council for enactment;
AND THAT the Administrator be delegated the authority to make alterations and
amendments, if so required,to the Lease Agreement to close the transaction, as
required."
MOTION DEFEATED UNANIMOUSLY
10. ENVIRONMENT
(a) Staff Report E2014-004 regarding "Municipal Drinking Water Licensing Program".
File: E08
The Water/WasteWater Operations Manager identified the criteria to be met under the
new approvals framework for municipal drinking water systems, which requires owners
to obtain a license to operate their systems and incorporate a quality management system
into their operations.
He noted that a system license and operating authority accreditation was received in
February 2013 for the Bayham water distribution system and staff are working towards
obtaining the same for the Richmond. The operational plan to be submitted to the MOE
by September 30th must be endorsed by top management (CAO) and the owner
(Council).
2014-297
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"That Staff Report 2014-004 be received;
THAT Council and the Administrator be authorized to endorse both the
Municipality of Bayham Water Distribution System and the Richmond Community
Water System Operational Plans;
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AND THAT the Plans be reviewed by staff and revisions made, as necessary to
maintain and continually improve the quality management system, on an annual
basis."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) Closed Session was held at the beginning of the meeting. Refer to Section 2 for
details.
12. BY-LAWS
(a) By-Law Z629-2014 A By-Law to further amend Zoning By-Law Z456-
2003 (Lighthouse Gospel Church)
(b) By-Law Z630-2014 A By-Law to further amend Zoning By-Law Z456-
2003 (Breedon)
(c) By-Law 2014-060 A By-Law to authorize the signing of a Subdivision
Agreement (Breedon)
(d) By-Law 2014-061 A By-Law to Appoint a Treasurer
(e) By-Law 2014-063 A By-Law to authorize the execution of an agreement (Wind
Interpretive Centre)
(f) By-Law 2014-065 A By-Law to authorize the execution of a lease agreement (24
Pitt Street- was not approved)
(g) By-Law 2014-066 A By-law to authorize the sale of lands (29 Wellington Street)
2014-298
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT By-Laws Z629-2014, Z630-2014, 2014-060, 2014-061, 2014-063 and 2014-
066 be read a first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(h) By-Law 2014-064 A By-Law to confirm all actions of Council
2014-299
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"That confirming By-Law 2014-064 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2014-300
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned at 8:53 p.m."
CARRIED UNANIMOUSLY
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Council Minutes June 05, 2014
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MAYOR CLER
Page 13 of 13