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HomeMy WebLinkAboutJuly 17, 2014 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville, ON Council Chambers Thursday,July 17,2014 7:00 p.m. 7:30 p.m. -Public Meeting-Planning(Zoning) 8:00 p.m. -Public Meeting-Drainage(Phillips Drain 2014) The regular meeting of the Council of the Municipality of Bayham was held on Thursday, July 17, 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 was in attendance to present her 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 July 3, 2014. 2014-342 Moved by: Deputy Mayor C Evanitski Seconded by: Councillor T Southwick "THAT the minutes of the regular meeting held July 3,2014 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item(s) 2014-343 Moved by:Councillor T Southwick Seconded by: Councillor E Ketchabaw "THAT in accordance with Section 21 of Procedural By-law 2002-93,fax correspondence dated July 17, 2014 from Gibson Bennett Groom& Szorenyi regarding request from the purchasers' solicitor for early possession of the property located at 29 Wellington Street,Port Burwell be added to the agenda as item 9(h). CARRIED UNANIMOUSLY 4. DELEGATIONS, STATEMENTS AND UPDATES Page 1 of 14 Council Minutes July 17, 2014 1. DELEGATIONS (a) 7:05 p.m. - Tiffany Brule and Derek Dudek from IBI Group regarding presentation of the Port Burwell Waterfront Masterplan. Ms. Brule presented the conceptual Waterfront Master Plan undertaken by IBI, which was based on the primary objective to identify strategic future public investments in services, facilities, access and parking that will contribute to the waterfront as a tourist and recreational area for local residents and visitors. In developing the Plan, relevant existing plans were reviewed, a site inventory and analysis undertaken,public engagement, including input from the Bayham Harbourfront Committee, the Otter Valley Naturalists and a public meeting held at the Municipal office. A SWOT analysis review combined with the detailed site analysis provides the basis for the design development. Developing an attractive waterfront requires key guiding principles to be followed during the design process. Considerations suggested increased parking along the beach, encouragement of bird watching, acquisition of private lands, a pedestrian walking bridge across the creek, achieving blue flag beach status, enhancement of the turn-around on Robinson Street and attractive and creative signage. There was consensus that the concept is interesting. Council would need to work with the private property owner and consider financial support to proceed. 2014-344 Moved by: Deputy Mayor C Evanitski Seconded by: Councillor T Southwick "THAT the presentation from IBI Group regarding the Port Burwell Waterfront Master Plan be received for information." CARRIED UNANIMOUSLY (b) 8:30 p.m. -Ben Lefort from the Ontario Federation of Agriculture regarding Cost of Community Services Study in Bayham. Mr. Lefort noted that this is the first Cost of Community Services Case Study(COCS) conducted in Ontario. The study is based on 2012 local defined land use categories, collection of local revenue and expenditure data and allocation of same to each land use, and calculation of revenue expense ratios for each land use. Study objective#1 to identify impacts on different land uses on rural municipalities show that 38% and 5%of the monies raised through the commercial/industrial and farm/forest ratios,respectively, are put towards providing services to that land use category. Alternatively, for every dollar generated through the residential ratio, $1.08 are spent on providing services to the residential land use category. Page 2 of 14 Council Minutes July 17,2014 Study objective#2 to evaluate the suitability of the revenue sources funding municipal services in rural Ontario, indicate that the two major governmental services,policing and education may be more appropriately funded at the provincial level. Implications identified include that the Provincial government needs to provide more funding for services that are of primary benefit to people(as opposed to property). Mr. Lefort thanked Council for participating in the survey. He noted that the report is consistent with results of other such surveys and that a full final report will be provided to the Municipality once completed. 2014-345 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT the Cost of Community Services: Case Study of the Municipality Bayham, as presented by Ben Lefort,Ontario Federation of Agriculture,be received for information." CARRIED UNANIMOUSLY 2. STATEMENTS BY COUNCIL No statements were given by Council. 5. INFORMATION ITEMS (a) Museums Bayham minutes of meeting held July 9, 2014. File: C06 (b) Otter Valley Rail Trail Meeting minutes of meeting held July 11, 2014. File: C06 (c) Card of thanks from the Straffordville Graduation Committee 2014. File: C13 2014-346 Moved by: Councillor T Southwick Seconded by: Deputy Mayor C Evanitski "THAT information items 5(a)through 5(c) be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION& TOURISM 1. CORRESPONDENCE AND REPORTS 2. PUBLIC MEETING 2014-347 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY Page 3 of 14 Council Minutes July 17, 2014 PUBLIC MEETING 7:30 p.m.- Official Plan Amendment&Rezoning-official plan amendment application and rezoning application initiated by the municipality proposing to amend the official plan designation and to rezone a parcel of land known as 24 Pitt Street, Port Burwell DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. STAFF PRESENTATION Staff Report D2014-16 regarding "24 Pitt Street Official Plan Amendment& Rezoning". File: D14.24PITT/D09.2PIT Planning Co-ordinator M Underhill presented her report,noting that Derek Dudek, IBI Planning Consultant was in attendance to assist in answering any questions. She advised that her report includes a written submission from Marion Rogers. Additional written submissions were received by email from Susan Start on July 16th and Sylvia Flanagan on July 17th. These two submissions, upon receipt,were circulated to Council by email. PUBLIC COMMENTS Susan Start,presented the lengthy submission she had submitted to the Planning Co- ordinator. She provided a copy of a petition against the rezoning and Official Plan amendments, signed by 50 persons, to the Clerk. She also circulated a copy of a map sketch made in the early 1800's of the Port Burwell Harbour labeling the subject land as part of "Market Square",to Council members and staff. Ms. Start indicated that the property being discussed is one of the four corner properties included in the Market Square sketch and, due to its historical significance as being established pre-confederation,by surveyor Mahlon Burwell, should be retained as publicly owned property. She expanded her thoughts on the following aspects: • rezoning should not proceed without first obtaining an environmental record of the site condition; • the building is not a house and a home occupation use should not be permitted. • a lack of public notice and consideration without public input is disrespectful of the community. Ron Vernon, an abutting property owner, commented that he would have offered to purchase the property if he had know it was for sale and suggested the property immediately be offered for auction. Page 4 of 14 Council Minutes July 17, 2014 Ron Bradfield noted his opposition to the proposed Official Plan and Zoning By-law Amendments, noting that he is offering a collection of value to the local museum, owned by the Municipality, and would not want it sold off by the Municipality at a later time. Marion Rogers,further to her written submission, in which she proposed the property be retained to be established as a museum of Protective Services (including firefighting and policing), suggested there are many reasons for Council not to change the zoning and that Council should not act in a rush. David Start advised that he was speaking on behalf of Gwynn Williams. He stated that this long-time resident believes the property to be of utmost importance to the municipality and the proceedings are disrespectful of the Market Square established around 1814. COUNCIL COMMENTS AND QUESTIONS Councilor Southwick thanked those who had made presentations and stated that he would be reviewing the input and petition provided and suggested that he would not be supporting the applications. Councillor Ketchabaw questioned Mr. Dudek, as to whether there are any legal constraints regarding the concerns brought forward by the public and if a site inspection is required. Mr. Dudek responded that the applications may be appealed to the Ontario Municipal Board and, in his opinion, there is nothing to prevent the applications from going forward. He added that the record of site inspection is a building matter under Regulation 153/04. In response to a question from Councilor Ketchabaw,the.Administrator advised that there is no legal opinion available at this time. Deputy Mayor Evanitski agreed that there are a number of issues raised to consider, and time should be taken to review the social and cultural aspects. Mayor Ens agreed with the Deputy Mayor that there were several issues brought forward and time should be taken to review these before making a decision. He requested staff to provide a clear and concise breakdown of the concerns and a response for Council, so members can properly address the concerns. The Administrator acknowledged that a consolidated response to all issues raised would be compiled for Council. Councillor Southwick questioned who could challenge the applications to an OMB hearing, as the Municipality is the applicant? Mr. Dudek responded that anyone can appeal to the OMB regarding a Council decision on an application. Page 5 of 13 Council Minutes July 17,2014 Councillor Southwick questioned whether the Municipality can withdraw its' own application. Administrator Shipway acknowledged that there are various issues which create legal exposure on either side and legal input is warranted. Councilor Ketchabaw suggested, and it was agreed that,rather than proceed, the resolution be changed to defer the matter,pending receipt of further details. ADJOURNMENT 2014-348 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT the Public Meeting be adjourned and the Council meeting reconvene at 8:05 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2014-349 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT Staff Report D2014-16 regarding the municipal property located at 24 Pitt Street, Port Burwell, Official Plan Amendment and Zoning By-law Amendment be deferred to the August 7th regular meeting at 7:45 p.m." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE AND REPORTS (a) Staff Report PR2014-04 regarding "Road Closure Application- Lot 9 Concession 10 and 11. File: T09.GREE 2014-350 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT Council declare the lands identified as Parts 1,2 &3 on Registered Plan 11R6107 as surplus to municipal needs; THAT staff be directed to initiate the required procedures pursuant to the Municipal notice by-law to close a portion of the unopened road allowance between Concessions 10 and 11 in Lot 9 being Parts 1 and 2 and convey municipal owned lands being Parts 1, 2 and 3 on Registered Plan 11R6107; THAT, as per the original agreement for the Green Line Realignment project, costs associated with the closure and conveyance shall be borne by the Municipality; Page 6 of 13 Council Minutes July 17, 2014 AND THAT upon closure of the road allowance,the lands be conveyed to and merged with the respective abutting properties to the south." CARRIED UNANIMOUSLY 2. PUBLIC MEETING 2014-351 Moved by: Deputy Mayor C Evanitski Seconded by: Councillor W Casier "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act." CARRIED UNANIMOUSLY PUBLIC MEETING 8:00 p.m. -Phillips Drain 2014 -to consider Spriet Associates Engineer's Report #212141 dated May 27, 2014 DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. STAFF PRESENTATION Staff Report DR2014-009 regarding "Phillips Drain 2014". File: E09 In the absence of the Drainage Superintendent, John Spriet Jr., Engineer was in attendance to present the Phillips Drain Report 2014 and respond to questions from affected property owners and Council. He noted that the proposed works replace the existing tile portion and provides sufficient fall to work properly. PUBLIC COMMENTS Mr. Benoit questioned why the proposed works do not go all the way across his property. Mr. Spriet replied that it was deemed unnecessary to incur the extra funds to go that far. Two large catch basins are to be installed as well as replacement of a portion of the existing tile. Mr. Benoit suggested that the proposed grass combination for seeding be altered and requested that an existing apple tree, approximately 300 feet from a catch basin,not be removed. Mr Spriet suggested that these items can be discussed at the pre-construction meeting. Page 7 of 14 Council Minutes July 17, 2014 COUNCIL COMMENTS AND OUESTIONS Councillor Ketchabaw questioned and Mr. Spriet confirmed that the Phillips Drain 2014 ends at the east side of Culloden Road. ADJOURNMENT 2014-352 Moved by: Councillor W Casier Seconded by: Deputy Mayor C Evanitski "THAT the Public Meeting be adjourned and the Council meeting reconvene at 8:17 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2014-353 Moved by: Deputy Mayor C Evanitski Seconded by: Councillor W Casier "THAT in accordance with Section 78 of the Drainage Act,Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report #212141 dated May 27,2014, referred to as the "Phillips Drain 2014" report; THAT Provisional By-law#2014-080 be given first and second reading; THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46 (2) of the Drainage Act; AND THAT a date of August 21,2014 at 8:00 p.m.be set for the first sitting of the Court of Revision." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 9. FINANCE,ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque#016931 to Cheque#016960 inclusive totaling $486,491.48 and Payroll Disbursements for the period ending July 6, 2014 totaling $60,259.90. 2014-354 Moved by: Councillor T Southwick Seconded by: Councillor W Casier "THAT Cheque Register being Cheque#016931 to Cheque#016960 inclusive, totaling$486,491.48 and Payroll Disbursements for the period ending July 6,2014 totaling $60,259.90 be approved." CARRIED UNANIMOUSLY (b) Bayham Community Centres Committee minutes of meeting held June 26, 2014 and draft By-Law 2014-082. Page 8 of 14 Council Minutes July 17, 2014 2014-355 Moved by: Deputy Mayor C Evanitski Seconded by: Councillor W Casier "THAT Bayham Community Centres Committee minutes of meeting held June 26, 2014 be received; THAT Council approves the recommendations provided by the Committee; THAT the name of the Community Centre in Straffordville be changed to the Straffordville Community Centre; AND THAT By-Law 2014-082, being a By-Law to adopt policies for the operation and management of the Straffordville and Vienna Community Centre facilities be presented to Council for enactment." CARRIED UNANIMOUSLY (c) Correspondence dated July 4, 2014 from Ministry of Energy regarding "Municipal Energy Plan Program". File: Fll 2014-356 Moved by: Councillor W Casier Seconded by: Councillor E Ketchabaw "THAT correspondence dated July 4,2014 from Ministry of Energy be received for information." CARRIED UNANIMOUSLY (d) Staff Report E2014-005 regarding "Green Energy Act". File: L11 2014-357 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT Staff Report E2014-005 regarding Green Energy Act be received; AND THAT Council directs staff to publish Report E2014-005 inclusive of the Municipality of Bayham Conservation Demand Management Plan and 2012 Energy Consumption and Green House Gas Emissions Summary on the Municipal website in accordance with Ontario Regulation 397/11." CARRIED UNANIMOUSLY (e) Staff Report F2014-019 regarding "East Pier Electrical Specifications". File: A01 2014-358 Moved by: Councillor W Casier Seconded by: Councillor E Ketchabaw "THAT Staff Report F2014-019 regarding East Pier Electrical Specifications be received; Page 9 of 14 Council Minutes July 17,2014 THAT Council directs that staff not proceed with obtaining electrical specifications for the East Pier at this time; AND THAT Council hereby requests the Harbourfront Committee to redirect their efforts towards alternative initiatives working for the betterment of the Harbourfront area." CARRIED UNANIMOUSLY (f) Staff Report F2014-020 regarding"Municipal Administrative Infrastructure". File: A00 The Administrator stressed that the computer infrastructure and records management systems have been neglected and need to be upgraded in order to allow all staff access to municipal records, improve service to the public, create improved efficiencies and reduce potential for error. The upgrades are expected to take from three to six months and are proposed to be paid for by utilizing the various reserves. 2014-359 Moved by: Councillor T Southwick Seconded by: Councillor W Casier "THAT Staff Report F2014-020 regarding Municipal Administrative Review be received; AND THAT Council authorizes the Administrator to utilize funds totaling a maximum of up to $140,000,and carry out the required tasks for implementation of a Municipality of Bayham Computer and Information Technology infrastructure renewal,to be sole sourced from ThinkDox and TUC Managed IT Solutions with funds from the following accounts: a. $16,058 from the Computer Equipment Reserve, b. $15,000 from the Records Management Reserve,and c. $108,942 from the Working Capital Reserve." CARRIED UNANIMOUSLY (g) Staff Report P2014-014 regarding "Proposed Municipal Office Improvements". File: A19 The Administrator suggested that it is important to have all senior managers accommodated within the main office and improvements to the management of municipal records and computer upgrades will also save space in the front office. 2014-360 Moved by: Deputy Mayor C Evanitski Seconded by: Councillor W Casier "THAT Staff Report P2014-014 regarding Proposed Municipal Office Building Improvements be received; THAT Council direct staff to obtain a second configuration and quotation from SJMA Architecture Inc. utilizing the existing municipal foot print; Page 10 of 14 Council Minutes July 17, 2014 AND THAT both designs and quotations be referred to 2015 budget deliberations for consideration." CARRIED UNANIMOUSLY (h) Correspondence dated July 17, 2014 from Gibson Bennett Groom& Szorenyi regarding "29 Wellington Street, Port Burwell". File: L07 Administrator Shipway advised he concurs with the solicitor's remarks that there are liability issues in allowing other people on municipal property. 2014-361 Moved by: Deputy Mayor C Evanitski Seconded by: Councillor W Casier "THAT the Council of the Municipality of Bayham denies the request for early possession of the property located at 29 Wellington Street, Port Burwell, submitted by the purchasers' solicitor." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Correspondence dated June 24, 2014 from Pauline Brooks regarding "Richmond Community Water System". File: Roll file The Administrator noted that this property was an oversight when obtaining easements from Richmond Community Water System property owners and advised that existing infrastructure should not be relocated at this time. There may be one or two other properties there that are fragmented from the system and were missed in the process as well. 11. COMMITTEE OF THE WHOLE (a) In Camera. 2014-362 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 9:35 p.m. to discuss: • the security of the property of the municipality or local board; • personal matters about an identifiable individual,including municipal or local board employees." CARRIED UNANIMOUSLY (b) Closed session minutes of the regular meeting of Council held July 3,2014. (c) Confidential Report regarding the security of the property of the municipality or local board. Page 11 of 14 Council Minutes July 17, 2014 (d) Confidential Verbal Report regarding personal matters about an identifiable individual, including municipal or local board employees. (e) Out of Camera. 2014-363 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 10:12 p.m." CARRIED UNANIMOUSLY Item 11(c) 2014-364 Moved by: Councillor E Ketchabaw Seconded by: Deputy Mayor C Evanitski "THAT,regarding the Straffordville Community Centre, Council directs that the facility be closed immediately,and the project put out for tender and reserves utilized to complete the project." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law Z631-2014 A By-Law to further amend Zoning By-Law Z456-2003 (24 Pitt Street first and second reading only)Deferred to August 7th meeting (b) By-Law 2014-080 A Provisional By-Law to provide for drainage works (Phillips Municipal Drain 2014-first and second reading only) 2014-365 Moved by: Deputy Mayor C Evanitski Seconded by: Councillor T Southwick "THAT Provisional By-law 2014-080 regarding the Phillips Municipal Drain 2014 be read a first and second time." CARRIED UNANIMOUSLY (c) By-Law 2014-081 A By-Law to amend the Official Plan of the Municipality of Bayham (Deferred to August 7th meeting) (d) By-Law 2014-082 A By-Law to adopt a policy for the operation and management of the Straffordville and Vienna Community Centre facilities 2014-366 Moved by: Councillor W Casier Seconded by: Councillor T Southwick Page 12 of 14 Council Minutes July 17, 2014 THAT By-Law 2014-082 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (e) By-Law 2014-083 A By-Law to confirm all actions of Council 2014-367 Moved by: Councillor W Casier Seconded by: Councillor E Ketchabaw "That confirming By-Law 2014-083 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2014-368 Moved by: Councillor E Ketchabaw Seconded by: Councillor W Casier "THAT the Council meeting be adjourned at 10:15 p.m." CARRIED UNANIMOUSLY 4-nGia\r6Th 18,GtJ MAYOR CLERK Page 13 of 13