HomeMy WebLinkAboutJune 19, 2014 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday,June 19, 2014
7:00 p.m.
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, June
19, 2014 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Cliff
Evanitski, Councillors Wayne Casier and Tom Southwick, Administrator Paul Shipway and
Clerk Lynda Millard. Councillor Ed Ketchabaw was absent.
Planning Coordinator/Deputy Clerk Margaret Underhill, 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.
The Mayor introduced and welcomed Lorne James, the new Treasurer for Bayham.
Mr. James thanked the Mayor and Council for their support and indicated he is eager to serve
in his home area.
2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE
THEREOF
Deputy Mayor Evanitski declared an interest in item 12(a) and did not comment nor vote on
the item.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held June 5, 2014.
2014-301
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT the minutes of the regular meeting held June 5, 2014 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
2014-302
Moved by: Councillor T Southwick
Seconded by: Deputy Mayor C Evanitski
"THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff Report
F2014-017 regarding a beach concession, By-law 2014-075 and By-law 2014-076,
being by-laws to set dates and times for advance voting and an agreement with
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Council Minutes June 19, 2014
Vivian and Jim McClintock for a food concession booth on the east beach be added
to the agenda as items 9(c) and 12 respectively."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. - Rob Foster from Graham Scott Enns to present the Municipality of Bayham
draft Audited Financial Statements for the year ending December 31, 2013.
Mr. Foster presented the Financial Statements to Council, identifying any areas of variation or
changes in reporting requirements. He noted the addition of the Richmond Water System,
increased tax revenues and reduced investment interest and accounts receivable.
He also referred to changing disclosure rules and the Audit Planning and Findings letters
identifying significant accounting estimates that are recorded in the statements.
2014-303
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor T Southwick
"THAT the Audited Financial Statements for the Municipality of Bayham for the
year ending December 31, 2013, as prepared by auditors Graham Scott Enns be
approved and posted on the Municipal website."
CARRIED UNANIMOUSLY
2. STATEMENTS BY COUNCIL -None
5. INFORMATION ITEMS
(a) Correspondence from Aylmer& East Elgin Agricultural Society regarding "Aylmer
Fair".
File: A01
(b) Correspondence dated May 21, 2014 from Pathways to Prosperity, a community
planning advisory committee,regarding "Women's Economic Security-Elgin St.
Thomas Community Report Card 2014".
File: A01
(c) Bayham Harbourfront Committee minutes of meeting held May 13, 2014.
File: C06
(d) Bayham Historical Society minutes of meetings held January 9, February 13, March
13, April 10 and May 8, 2014.
File: C06
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(e) Long Point Region Conservation Authority Board of Directors minutes of meeting held
May 7, 2014.
File: C06
(f) Museums Bayham minutes of meetings held May 14 and June 11, 2014.
File: C06
(g) South Central Ontario Region Economic Development Corporation minutes of
meetings held April 24 and May 29, 2014.
File: C06
(h) Correspondence dated June 6, 2014 from Township of Malahide regarding "Ontario
Energy Board".
File: C10
(i) Notice of Public Meeting from Norfolk County regarding "Proposed New
Comprehensive Zoning By-Law".
File: D14
(i) Correspondence dated June 11, 2014 from Union Gas regarding "Application with the
Ontario Energy Board".
File: E06
(k) Correspondence dated June 2, 2014 from Ministry of Agriculture and Food and
Ministry of Rural Affairs regarding "Small Rural and Northern Municipal
Infrastructure Fund".
File: Fl 1
(1) Multi Service Centre June 2014 E-Letter.
File: M07
2014-304
Moved by: Councillor T Southwick
Seconded by: Deputy Mayor C Evanitski
"THAT information items 5(a) through 5(1) be received for information;
AND THAT in regard to item 5(1), the minutes of the Museums Bayham meeting
held June 11, 14 be referred to staff for follow up."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a) Staff Report D2014-11 regarding "Tobler Site Plan Agreement".
File: L04.TOBL
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Council Minutes June 19, 2014
The Planning Co-ordinator advised that the fencing, insulation and other items must be
completed in the next 12 months and noted there were no concerns raised during the appeal
period for the minor variance completed in 2013.
2014-305
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor T Southwick
THAT By-law No. 2014-070, being a By-law to authorize the execution of a Site Plan
Agreement between Daniel and Margaritha Tobler and the Municipality of Bayham
for property located at 11887 Elliott Road be presented for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report D2014-12 regarding "Juhasz Farms Consent Application E32/14".
File: D10.14 Juhasz Farms Ltd.
2014-306
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor T Southwick
"THAT Council recommends to the Elgin County Land Division Committee that
Consent Application E32/14, submitted by Juhasz Farms Ltd., be granted subject to
the following conditions:
1. Rezoning of both the severed and retained parcels
2. $500 cash-in-lieu of parkland dedication fee
3. purchase of civic number sign for the retained parcel
4. planning report fee payable to the municipality
5. copy of the final survey provided to the municipality."
CARRIED UNANIMOUSLY
(c) Staff Report D2014-13 regarding "Martin Consent Application E36/14".
File: D10.14 Martin
The Planning Co-ordinator noted that the lot addition will correct a previous registration error
and, as the lot is a unique shape, staff recommends including the condition for a minor variance
to establish lot lines thus enabling future issuance of a building permit.
2014-307
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT Council recommends to the Elgin County Land Division Committee that
Consent Application E36/14, submitted by Christopher Martin, be granted subject
to the following conditions:
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Council Minutes June 19, 2014
1. Minor Variance application for the newly configured lot
2. planning report fee payable to the municipality
3. copy of the final survey provided to the municipality
4. that the subject lands are merged on title with the adjacent easterly lands and
that Subsection 50(3) be applied to any future conveyance of the subject lands.
5. Letter of Undertaking providing for the merger of the said lands."
CARRIED UNANIMOUSLY
(d) Staff Report D2014-14 regarding "Morse Consent Application E32/13".
File: D10.13.MORSE
The Planning Co-ordinator confirmed the condition imposed on the consent allows the
, Municipality to acquire an easement across the properties for the existing water main.
2014-308
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT Easement Agreements between Winnifred Morse and the Municipality and
Thomas & Tracey Morse and the Municipality pertaining to a 3 metre easement to
supply a public utility service be approved;
AND THAT By-laws 2014-071 and 2014-072 be presented to Council for
enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE
(a) Staff Report DR2014-007 regarding "Breedon Municipal Drain Award Contract".
File: E09
In response to a question, the Drainage Superintendent confirmed satisfactory previous
experience with the lowest bidder.
2014-309
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT Staff Report DR2014-007 be received;
AND THAT Council accept the tender for provision of drainage works set out in the
Form of Tender for the Breedon Municipal Drain, as submitted by Wall—Ex Inc.,
in the amount of$4360.00 (excluding HST),with work to commence on or after
June 13, 2014 and be completed on or before June 30, 2014.
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Council Minutes June 19, 2014
AND THAT By-Law 2014-068 authorizing the execution of contract documents be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report DR2014-008 regarding "Phillips Drain 2014".
File: E09
The Drainage Superintendent noted there has been no problem with the top end of the drain and
the proposal is for partial reconstruction of the bottom portion only.
2014-310
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report DR2014-008 regarding the Phillips Drain 2014 be received;
THAT the Council of the Municipality of Bayham acknowledges the receipt of
Report#212141dated May 27, 2014 for the Phillips Drain 2014, as prepared by
Spriet Associates, and filed with the Clerk on June 10, 2014;
THAT Council set a date for the Public Meeting to be held on July 17, 2014 at 8:00
p.m. to consider the Report;
AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all
persons assessed to this drainage works,in accordance with the Drainage Act."
CARRIED UNANIMOUSLY
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
(a) Correspondence dated May 23, 2014 from Deb Travis, Rec Society and Paul Vyse,
Optimist Club regarding "2014 Tub Daze, 30th Anniversary" and Staff Report P2014-
011 regarding Optimist Noise Exemption".
File: R06 /P01
2014-311
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT Council approves use of the east beach by the Port Burwell Recreation
Society/ Otter Valley-Port Burwell Optimist Club for Tub Daze celebration
activities to be held August 1, 2 and 3, 2014, including a refreshment tent, subject to
meeting the requirements of the Municipal Alcohol Policy, including a minimum of
six (6) STP trained personnel and a minimum of four (4) STP untrained personnel,
plus two (2) extra floor monitors when/if serving participants under the age of
majority(19) and other volunteer or paid security personnel, as necessary to
provide sufficient crowd control and public safety on site during all dates and hours
for which the refreshment tent is open and as listed on the Outdoor Special
Occasion Permit Application and also subject to:
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• the applicable municipal building permit, sign and/or tent permits be obtained
from the Chief Building Official and the necessary inspection undertaken;
• any required permit fees to be paid to the Municipality of Bayham, except for a
tent;
• providing the municipality with proof of certification for the pyrotechnician who
will be responsible for the fireworks;
• providing a certificate of insurance, naming the Municipality of Bayham as an
additional insured, in the minimum amount of$2,000,000 liability, covering all
events,;
• obtaining the necessary approvals from Elgin-St. Thomas Public Health the
Ontario Provincial Police and the Bayham Fire Chief, as per the Municipal
Event Notice;
THAT all other terms and conditions of the municipal rental agreement remain in
effect;
THAT the clean up of the east beach area and any costs thereof, be the
responsibility of the organizers;
THAT arrangements be made with the Manager of Public Works to provide staff
assistance for installation of fence assembly and removal, picnic tables, garbage cans
and recycle barrels;
THAT the Manager of Public Works make the necessary arrangements for traffic
control and safety;
AND THAT an exemption from the Noise By-Law 2001-057 be approved for
Friday,August 1st through Sunday, August 3rd, between 11:00 p.m. and midnight."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#016762 to Cheque#016846 inclusive, except Cheque
#016779 totaling $249,126.54 and Payroll Disbursements for the period ending June 8,
2014 totaling$110,184.87.
2014-312
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT Cheque Register being Cheque#016762 to Cheque#016846 inclusive,
except Cheque#016779 totaling $249,126.54 and Payroll Disbursements for the
period ending June 8, 2014 totaling $110,184.87 be approved."
CARRIED UNANIMOUSLY
(b) Harbourfront Committee resolution approved at meeting held June 10, 2014 for
Council consideration.
Page 7 of 10
Council Minutes June 19, 2014
File: C06
The Administrator commented that the study Council requested of Small Craft Harbours will
have no effect on the Harbourfront Masterplan and there is no need to delay the plan's
completion.
He added that the draft Plan has been reviewed, technical errors corrected, forwarded back to the
consultant and is expected to be ready for approval in July.
2014-313
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT the resolution passed at the meeting held June 10, 2014 by the
Harbourfront Committee be received for information."
CARRIED UNANIMOUSLY
(c) Staff Report F2014-017 regarding "Port Burwell Beach Concession Stand".
File: L04
The Administrator advised that a proposition, subsequent to the previous proposal, was recently
received and suggested that the offer equates fairness to local businesses and, if satisfactory, can
be renewed in 2015 with a 25% fee increase for the Municipality.
2014-314
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT Staff Report F2014-017 regarding the Beach Concession Stand be received;
AND THAT By-Law 2014-076, being a by-law to authorize the execution of an
agreement with Vivian and Jim McClintock, operating as 'Tinker's', to operate a
concession stand on the Port Burwell East Beach for the 2014 summer season, be
presented to Council for enactment."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
There were no Closed Session items.
12. BY-LAWS
(a) By-Law 2014-046 A Provisional By-Law to provide for drainage works (Mueller
Municipal Drain 2014 third reading)
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Council Minutes June 19, 2014
2014-315
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT Provisional By-Law 2014-046 be read a third time and finally passed."
CARRIED
(b) By-Law 2014-062 A By-Law to authorize the execution of a lease
agreement (Bradfield)
(c) By-Law 2014-067 A By-Law to further amend By-Law 2014-001 (appointing
members to boards and committees)
(d) By-Law 2014-068 A By-Law to authorize the execution of an agreement (Wall-Ex
Inc.)
(e) By-Law 2014-069 A By-Law to amend By-Law 2009-086 (Licence Refreshment
Vehicles)
(f) By-Law 2014-070 A By-Law to authorize the execution of a Site Plan
Agreement (Tobler)
(g) By-Law 2014-071 A By-Law to authorize the execution of an Easement
Agreement (W. Morse)
(h) By-Law 2014-072 A By-Law to authorize the execution of an Easement
Agreement (T& T Morse)
(i) By-Law 2014-074 A By-Law to authorize the execution of an agreement (Watson &
Associates)
(i) By-Law 2014-075 A By-Law to provide for advance votes to be held prior to voting
day
(k) By-Law 2014-076 A By-Law to authorize the execution of an agreement
(McClintock)
2014-316
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT By-Laws 2014-062, 2014-067, 2014-068, 2014-069, 2014-070, 2014-071, 2014-
072, 2014-074, 2014-075 and 2014-076 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
(1) By-Law 2014-073 A By-Law to confirm all actions of Council
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2014-317
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT confirming By-Law 2014-073 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2014-318 •
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor T Southwick
"THAT the Council meeting be adjourned at 7:55 p.m."
CARRIED UNANIMOUSLY
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