HomeMy WebLinkAboutAugust 07, 2014 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday, August 7, 2014
7:00 p.m.
7:30 p.m. -Public Meeting -Planning(Zoning)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
August 7, 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, Fire Chief/By-Law Enforcement
Officer Randy White and Chief Building Official/Drainage Superintendent Bill Knifton were in
attendance to present their respective reports. Derek Dudek of IBI Group was in attendance
regarding Item 6.2(a) "24 Pitt Street Official Plan Amendment&Rezoning".
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 declared an interest in Item 7(c) "Meuller Drain 2014 Award
Contract".
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held July 17, 2014.
It was noted that there was an error in regard to item 6.2 under Public Comments. The
minutes are to be amended to read "David Start advised that he was speaking on behalf
of Gwynn Williams."
2014-374
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT the minutes of the regular meeting held July 17, 2014 be approved, as
amended."
CARRIED UNANIMOUSLY
(b) Minutes of the special meeting of Council held July 22, 2014.
2014-375
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT the minutes of the special meeting held July 22, 2014 be approved as
circulated."
CARRIED UNANIMOUSLY
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Council Minutes August 07, 2014
(c) Added Items
2014-376
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,two
additional petition pages collected since July 17,2014 Public Meeting and an Event
Road Closure Request Form for Watermelon Fest be added to agenda item 6.2(a)
and as item 9(f) respectively."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. -Erica Arnett from Elgin St. Thomas Public Health regarding Draft Cycling
Master Plan developed by the Healthy Communities Partnership.
Ms. Arnett presented the proposed Cycling Master Plan, identifying that the Plan is safe,
affordable, encourages active transportation, supports tourism and trails. She confirmed
that the Health Unit and the Coni Elgin and City of St. Thomas are committed to-
promoting education and awareness, developing partnerships and seeking external
funding from the Provincial and Federal governments to make it possible.
She responded to questions from Council and thanked them for the opportunity to present
the Plan to them.
2014-377
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT the Council of The Corporation of the Municipality of Bayham endorses
the "Elgin-St. Thomas Cycling Master Plan" as presented by Elgin St.Thomas
Public Health, in principal, and furthermore, officially adopts the "Elgin-St.
Thomas Cycling Master Plan" upon the County of Elgin's review process and
official adoption with any amendments/revisions deemed necessary."
CARRIED UNANIMOUSLY
(b) 8:00 p.m. -Mike Baker, Elgin County War of 1812 Committee regarding "Plaque
Programme".
Mr. Baker explained that the Elgin County War of 1812 Commemoration Committee has
established the plaque programme for placement of markers throughout the County
focusing along Talbot Road properties impacted by the war, such as the raid conducted
by American Army General Duncan MacArthur's troops on their way back to Detroit,
prior to the end of the war in 1814. The farm of Joseph Denfields, in the vicinity of the
Old Richmond Cemetery,just east of Culloden Road, is where the troops spent a cold
November night, for which Mr. Denfield submitted a war claim for 227 fence rails-likely
burned in camp fires, lost crops, (live)stock, a large amount of clothing and some wine
glasses and decanters.
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Council Minutes August 07, 2014
The plaque,proposed to be placed at the Old Richmond Cemetery, is one of nine
approved plaques being installed across Elgin and will include a map or codes indicating
locations of local historic sites and current attractions. Several other related promotional
materials will also be developed and circulated.
Mr. Baker thanked Council for the opportunity to share the information and requested
Council's permission to install the plaque in Bayham.
2014-378
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT the Council of The Corporation of the Municipality of Bayham authorizes
the Elgin County War of 1812 Committee to place a permanent plaque marker
related to the War of 1812 on the Old Richmond Cemetery property located at
54254 Heritage Line as per the request dated August 1,2014;
AND THAT all maintenance and repairs be the responsibility of the Elgin County
Museum."
CARRIED UNANIMOUSLY
2. STATEMENTS BY COUNCIL
Mayor Ens indicated that since August 1st, the EMS Ambulance has been situated in Vienna
during the day and is returned to the Straffordville fire station at end of each day. Having the
Ambulance stationed in Vienna increases daily coverage in the southern Bayham area by one
hour.
5. INFORMATION ITEMS
(a) Correspondence dated July 21, 2014 from Canada Post regarding "Change of hours for
Straffordville Post Office".
File: A01
(b) Correspondence from Elgin County regarding "2014 Experience Elgin This Summer
Campaign".
File: A16
(c) Correspondence from Municipal World regarding "Election Resources".
File: C07
(d) Copy of correspondence from Municipality of Dutton Dunwich to the Ontario Energy
Board in support of Municipality of Bayham and Town of Aylmer resolutions.
File: C10
(e) Correspondence dated July 3, 2014 from Port Burwell United Church regarding
"Thank you for Tables for Fun Day".
File: C13
(f) Correspondence dated July 17, 2014 from Ernie Hardeman, MPP Oxford regarding
"Official Opposition Critic for Municipal Affairs and Housing Appointment and
Ontario PC Caucus Reception".
File: A16
(g) Correspondence dated July 11, 2014 from the Municipality of Halton regarding
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Council Minutes August 07, 2014
"Protection of Public Participation Act, 2014 (Bill 83)Resolution".
File: C10
(h) Notification of"Walk with Me"being held Wednesday, September 24, 2014".
File: C13
(i) Correspondence dated July 14,2014 from Stewardship Ontario regarding "Interim
Industry funding for Municipal Blue Box Recycling for the 2014 Program Year".
File: E07
(j) Copy of grant of easement between the Town of Tillsonburg, Municipality of Bayham
and Erie Shores Wind Farm.
File: L04
(k) July 2014 Multi Service Centre E-Letter.
File: M07
(1) South West Community Care Access Centre 2013 -2014 Annual Report to the
Community.
File: M07
(m) Correspondence from AMO and AMCTO regarding "Accountability Act".
- File: A01
2014-379
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT information items 5(a) through 5(m)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. PUBLIC MEETING
2014-380
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"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 severed parcel of land
from the Agricultural(Al) Zone to the site-specific Rural Residential (RR-24) Zone
and to change the zoning on the retained land from Agricultural(Al) Zone to Special
Agricultural (A2)Zone submitted by Juhasz Farms Ltd.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
No disclosures of pecuniary interest were declared.
STAFF PRESENTATION
Staff Report D2014-17 regarding "Juhasz Farms Ltd. Rezoning".
File: D14.JUHA
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Council Minutes August 07, 2014
Planning Co-ordinator M Underhill presented her report and advised that no written
public comments have been received. She also added that the Applicant was present.
PUBLIC COMMENTS
There were no comments from the Public.
COUNCIL COMMENTS
There were no comments from Council.
ADJOURNMENT
2014-381
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT the Public Meeting be adjourned and the Council meeting be reconvened at
7:35 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2014-382
Moved by: Councillor T Southwick
Seconded by: Deputy Mayor C Evanitski
"THAT the zoning of those lands located in Concession South Gore South Part Lot
28,identified as 57714 Jackson Line owned by Juhasz Farms Ltd.,be changed from
Agricultural (Al) to a Special Agricultural(A2) Zone on the retained lands and a
site-specific Rural Residential(RR-24) Zone on the proposed severed lands to
satisfy a condition of Consent E32/14;
AND THAT Zoning By-law Z632-2014 be presented for enactment."
CARRIED UNANIMOUSLY
2. CORRESPONDENCE AND REPORTS
(a) 7:45 p.m. - Staff Report D2014-16 regarding "24 Pitt Street Official Plan Amendment
&Rezoning (deferred from July 17, 2014 Public Meeting) and Staff Memorandum
D2014-02 regarding "Public Written Submissions". After the Public Meeting on July
17/14, two additional petition pages were received by email on August 1, 2014. Two
more additional petition pages were received by email on August 7, 2014. These four
petition pages were added to this agenda item for the August 7, 2014 meeting.
File: D09.24PIT/D 14.24PIT
The Planning Coordinator noted that additional petition pages received by email since the
July 17, 2014 public meeting have been added to the agenda.
Council comments included:
• the property has not been designated as a site of historical significance;
• staff have evaluated the questions raised, responded and addressed the concerns;
• members have acted in good faith and should continue to;
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• buildings and properties of historic interest do not need to be publicly owned;
regardless of the ownership, it is still a part of the "market square".
No new concerns were raised.
2014-383
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT Staff Report D2014-16, Staff Memorandum D2014-02 and four additional
petition pages collected since the July 17,2014 Public Meeting regarding an Official
Plan Amendment and Rezoning for property located at 24 Pitt Street,Port Burwell,
be received;
THAT By-law 2014-081, being an approval by-law for Official Plan Amendment
No. 12 regarding lands designated "Institutional" being changed to "Residential"
in the Municipality of Bayham Official Plan, be presented to Council for
enactment;
THAT Official Plan Amendment No. 12 be forwarded to the County of Elgin for
approval;
THAT,subject to the County of Elgin approval of the Official Plan Amendment No.
12,Zoning By-law Z456-2003, as amended, be further amended by changing the
zoning of the subject lands from the Institutional(I)Zone to Village Residential
(R1) Zone;
AND THAT Zoning By-law Z631-2014 be presented to Council for First and
Second reading only."
In Favour Opposed
Casier X
Ens X
Evanitski X
Ketchabaw X
Southwick X
MOTION CARRIED ON A VOTE OF 4 TO 1 IN FAVOUR
(b) Correspondence dated July 30, 2014 from Elgin County regarding "Approval of
Official Plan Amendment No. 11 to the Municipality of Bayham Official Plan".
File: D09
2014-384
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT the County of Elgin Notice of Decision of Approval of Official Plan
Amendment No. 11 to the Municipality of Bayham Official Plan be received for
information."
CARRIED UNANIMOUSLY
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Council Minutes August 07, 2014
7. ROADS,AGRICULTURE &DRAINAGE
(a) Staff Report PR2014-05 regarding "Stop up, Close, Convey-Green Line Road
Allowance".
File T09.GREE
The Planning Coordinator acknowledged that there were no inquiries or written
comments received in response to the notice placed in the local paper.
2014-385
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT By-law No. 2014-087,being a by-law to stop up, close and convey part of
the unopened Green Line road allowance between Concessions 10 and 11, in Lot 9
(south of Pressey Road) designated as Parts 1 & 2,on Plan 11R-6107, and to convey
municipal property designated as Part 3 on Plan 11R6107, be presented to Council
for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report P2014-012 regarding "2014 Second Quarter Report Building Services&
Drainage".
File: P10
2014-386
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT Staff Report P2014-012 regarding the activities of the Building Services
and Drainage Department for the second quarter of 2014 be received for
information."
CARRIED UNANIMOUSLY
(c) Staff Report DR2014-010 regarding "Meuller Drain 2014 Award Contract".
File: E09
Deputy Mayor Evanitski advised of a conflict and did not discuss nor vote on this matter.
2014-387
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT Council accept the tender for provision of drainage works set out in the
Form of Tender for the Meuller Municipal Drain 2014, as submitted by A.G.
Hayter Contracting Ltd., in the amount of$294,690.00 (excluding HST),with work
to commence on or after January 15, 2015;
AND THAT By-Law 2014-086 authorizing the execution of contract documents be
presented to Council for enactment."
CARRIED
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2014-015 regarding "Procurement of Apparatus".
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Council Minutes August 07, 2014
File: P16
2014-388
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT the Council of The Corporation of the Municipality of Bayham authorizes
the purchase of two rescue trucks, in 2014 from Eastway Emergency Vehicles Inc.
at a cost of$150,000.00 +HST each, as submitted July 28th."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#016961 to Cheque#017110 inclusive, except Cheques
#016987 and#017015 totaling$406,755.88 and Payroll Disbursements for the period
ending July 20, 2014 totaling $60,520.68.
2014-389
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
_ "THAT Cheque.Register being Cheque#016961 to Cheque#017110 inclusive,
except Cheques #016987 and#017015 totaling$406,755.88 and Payroll
Disbursements for the period ending July 20,2014 totaling $60,520.68 be
approved."
CARRIED UNANIMOUSLY
(b) Staff Report F2014-021 regarding "Brooks Request- Richmond Water Infrastructure".
File: C13
2014-390
Moved by:Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT the Council of The Corporation of the Municipality of Bayham do not
abandon or relocate the Richmond Water Infrastructure pursuant to the request of
Ms. Brooks."
CARRIED UNANIMOUSLY
(c) Staff Memorandum regarding "Tent for Straffordville Watermelon Festival".
File: R06
2014-391
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT the Council of the Municipality of Bayham authorizes the following
estimated additional expenditures plus applicable HST in support of Watermelon
Fest, due to the temporary closure of the Straffordville Community Centre:
• Public Works staff setup and take down assistance including moving chairs and
tables from and returning to the Centre;
• tent rental set-up and take down - $2,100;
• lighting-$40 to $200;
• portable washroom/wash-stand facilities - $1,100
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Council Minutes August 07, 2014
• overnight security- $240
• provision of electrical service, if/as required,
as discussed."
CARRIED UNANIMOUSLY
(d) Correspondence from Randall H. Taylor, Warden, Trinity Anglican Church, Port
Burwell regarding "Letter of Support".
File: C13
2014-392
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT the correspondence dated August 1,2014 from Randall H. Taylor, Warden
of the Trinity Anglican Church, Port Burwell be received;
AND THAT the Council of the Municipality of Bayham directs staff to provide a
letter in support of the financial assistance application being submitted under the
•,_,.,. "Enabling Accessibility in Communities" program by the Church."
CARRIED UNANIMOUSLY
(e) Staff Report F2014-022 regarding "LED Street Lights".
File: TO1
2014-393
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Staff Report F2014-022 regarding LED Street Lights be received and
referred to 2015 budget deliberations for consideration."
CARRIED UNANIMOUSLY
(fl Event Road Closure Request Form for Watermelon Fest.
File: R06
2014-394
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT the Event Road Closure Request Form from the Straffordville Community
Committee regarding Watermelon Fest be received;
THAT Council grants permission to use municipal streets within Straffordville for
parade purposes, subject to the organizers:
•providing the municipality with proof of liability insurance to cover all
events including naming the municipality as an additional insured;
•obtaining the necessary approvals from the Ontario Provincial Police and
the Bayham Fire Chief(as per completion of the Municipal Road Close
Notice and parade route mapping);
THAT Old Chapel Street south from Heritage Line to Plank Road be closed during
the parade;
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Council Minutes August 07, 2014
THAT Council requests permission from the County of Elgin to use Plank Road
from Third Street, south to Heritage Line and Heritage Line west to the
Straffordville Community Centre on Saturday,August 23,2014 between 10:00 and
11:00 a.m. during the Parade in Straffordvile;
THAT the Manager of Public Works be directed to make the necessary
arrangements for traffic control, signage and safety;
AND THAT the clean up of the park area be the responsibility of the organizers."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2014-395
Moved by: Depuiy Liyoi C Evanitski
Seconded by: Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 8:47 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;
• litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held July 17, 2014.
(c) Closed session minutes of the special meeting of Council held July 22, 2014.
(d) Confidential Staff Report regarding the security of the property of the municipality or
local board.
(e) Confidential Verbal Report regarding the security of the property of the municipality or
local board and litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board.
(0 Confidential Verbal Report regarding personal matters about an identifiable individual,
including municipal or local board employees.
(g) Out of Camera.
2014-396
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT the Committee of the Whole do now rise from the "In Camera" session at
10:07 p.m."
CARRIED UNANIMOUSLY
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Council Minutes August 07, 2014
12. BY-LAWS
(a) By-Law Z631-2014 A By-Law to further amend Zoning by-Law Z456-
2003 Rezoning First& Second Reading only (deferred from July 17, 2014 meeting)
(b) By-Law Z632-2014 A By-Law to further amend Zoning By-Law Z456-
2003 (Juhasz)
(c) By-Law 2014-081 A By-Law to Amend the Official Plan of the Municipality of
Bayham (deferred from July 17, 2014 meeting)
(d) By-Law 2014-085 A By-Law to authorize the execution of an agreement (Wiebe
Encroachment)
(e) By-Law 2014-086 A By-Law to authorize the Mayor and Clerk to execute an
agreement (Meuller Drain 2014)
(f) By-Law 2014-087 A By-Law to Stop Up, Close and Convey part of the unopened
road allowance (Green Line)
2014-397
Moved by: Councillor E Ketchabaw
- Seconded by: Councillor W Casier
_•
"THAT By-law 2014-081, being a by-law to approve Amendment Number 12 to the
Official Plan of the Municipality of Bayham be read a first, second and third time
and finally passed."
CARRIED UNANIMOUSLY
2014-398
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT By-Law Z631-2014, being a by-law to further amend Zoning By-law Z456-
2003,be read a first and second time only."
CARRIED UNANIMOUSLY
2014-399
Moved by:Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT By-Laws Z632-2014, 2014-085, 2014-086 and 2014-087 be read a first,
second and third time and finally passed."
CARRIED UNANIMOUSLY
(g) By-Law 2014-088 A By-Law to confirm all actions of Council
2014-400
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"That confirming By-Law 2014-088 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
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Council Minutes August 07, 2014
13. ADJOURNMENT
(a) Adjournment
2014-401
Moved by: Councillor W Casier
Seconded by: Councillor T Southwick
"THAT the Council meeting be adjourned at 10:13 p.m."
CARRIED UNANIMOUSLY
MA OR CLEIC
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