HomeMy WebLinkAboutAugust 21, 2014 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville,ON
Council Chambers
Thursday,August 21, 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,
August 21,2014 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, 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
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 August 7, 2014.
2014-406
Moved by: Councillor T Southwick
Seconded by: Deputy Mayor C Evanitski
"THAT the minutes of the regular meeting held August 7, 2014 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the special meeting of Council held August 14, 2014.
2014-407
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT the minutes of the special meeting held August 14, 2014 be approved as
circulated."
CARRIED UNANIMOUSLY
Page 1 of 15
Council Minutes August 21, 2014
(c) Added Item(s). There were no items added.
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. - Gary Scandlan with Watson and Associates Economics Ltd. regarding
"Municipality of Bayham Water and Wastewater Systems Financial Plan".
File: F05
Mr. Scandlan presented the Water/Wastewater Financial Plan, noting that its purpose is to
identify:
• Bayham current and future water and wastewater capital needs;
• cost recovery options for capital;
• estimate future operating costs over the next 10 years; and
• recommend rates to recover the costs of the systems.
He provided a brief overview of relevant legislation, consumption and forecast, capital
needs and financing, lifecycle costs of existing infrastructure(asset management),
operating expenditures, separated and combined proposed rates options to be considered
and adopted by Council and submitted as part of the Financial Plan by the September 9,
2014 deadline.
Mr. Scandlan recommended a combined Bayham and Richmond water system budget to
minimize the impact on system users.
Discussion followed and questions raised by Council were responded to by Mr. Scandlan.
Councillor Southwick requested a recorded vote on the following resolution.
2014-408
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT the "Bayham Water and Wastewater Systems Financial Plan" as prepared
by Watson and Associates Economics Ltd. be approved, utilizing the combined rate
structure;
AND THAT staff be directed to bring forward a water/wastewater fee by-law
reflecting the same for Council's consideration."
In favour Opposed
Councillor Wayne Casier X
Mayor Paul Ens X
Deputy Mayor Cliff Evanitski X
Councillor Ed Ketchabaw X
Councillor Tom Southwick X
Page 2 of 15
Council Minutes August 21, 2014
Motion Carried on a vote of 3 to 2 in favour
(b) 8:20 p.m. - Mathew Schafer on behalf of Edison Building Committee regarding
"Edison Museum New Facility Status Update".
File: A01
Mr. Mathew Schafer, Chairman of the Edison Museum Building Committee, identified
that the engineered plans have been changed to reflect a 35' x 90' frame building with a
façade on the front. The revised building cost estimate, including a conference room with
movable walls, a lobby, washrooms and hydro is estimated at $300,000. A full basement
with an elevator would cost an additional $200,000. If/when necessary, an expansion
could be added on at the back.
Mr. Schafer suggested the funds raised to date and the sale of the current building and the
adjacent lot, estimated at $170,000, if applied to the construction cost, would leave a
shortfall of approximately$60,000. He confirmed that the estimated cost does not include
parking.
He suggested that there may be grant funding available and requested that staff be
directed to seek federal sesquicentennial funding options that might be available for
works through 2017.
Mr. Schafer responded to questions and was thanked for keeping Council updated.
2014-409
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT the Edison Museum new facility status update be received;
That Council consideration to allocate monies from the sale of museum properties
be deferred until a holistic facility assessment can be conducted;
AND THAT staff be directed to seek funding options available and report back to
Council with recommendations."
CARRIED UNANIMOUSLY
2. STATEMENTS BY COUNCIL
Councillor Ketchabaw announced that the Buy Local/Buy Fresh promotion has been re-
launched to include a ten-year program that includes interne mapping and links to farm
market locations across Elgin County, and, as well is overlaid with the settlement quilt trail
sites.
Councillor Ketchabaw raised concerns that there has been no response from the Elgin
Military Museum to provide a.public meeting and an update on the Ojibwa project.
Councillor Casier agreed.
Page 3 of 15
Council Minutes August 21, 2014
Deputy Mayor Evanitski announced that there is an open house for the Elgin Shoreline
Management Plan being held at the Port Burwell Legion on August 28th from 2:00 to 4:00
p.m.
5. INFORMATION ITEMS
(a) Correspondence dated August 6, 2014 from Association of Municipalities of Ontario
regarding'AMO Policy Update- Energy".
File: A01
(b) Information correspondence dated July 14, 2014 from Drainage Investment Group.
File: A01
(c) Copy of resolution passed by the Township of Prince August 12, 2014 regarding
"Public Participation Act, 2014".
File: C10
(d) Correspondence dated July 31, 2014 regarding "Compliance Assessment Report for
2013 Strickland Bulldozing and Enterprises Limited".
File: D05
(e) Correspondence dated August 14,2014 from Municipal Policing Bureau and Ministry
of Community Safety and Correctional Services regarding "New OPP Billing Model".
File: P17
(f) Correspondence dated August 18, 2014 from Association of Municipalities of Ontario
regarding "Permanent Ontario Community Infrastructure Fund and Building Canada
Fund- Small Communities Fund Announced".
File: A01
The Administrator reported that the funding is at 90% and that both the Dexter waterline
project(which would be jointly with Malahide) and the Richmond Water system
upgrades, would both likely qualify. Expressions of interest must be submitted by
September 19th.
(g) Media Release dated August 18, 2014 regarding "Elgin County Shoreline Open Houses
Planned".
File: D03
(h) OPP News Release regarding "Do Your Research Before Committing to Services or
Products".
File: P17
2014-410
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT information items 5(a) through 5(h) be received for information."
CARRIED UNANIMOUSLY
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Council Minutes August 21, 2014
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a) Staff Report D2014-019 regarding "Froese Zoning By-Law Z628-2014.
File: D09.FROE/D14.FROE
2014-411
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT Zoning By-law Z628-2014 be presented to Council for Third reading and
finally passed."
CARRIED UNANIMOUSLY
(b) Staff Report D2014-020 regarding "Weber Consent E46/14".
File: D10.14 Weber
2014-412
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT Council recommends to the Elgin County Land Division Committee that
Consent Application E46/14, submitted by Anna Weber, be granted subject to
following conditions:
1. municipal lot assessments to determine suitability for private septic systems on
both parcels;
2. grading plan for both parcels;
3. water quantity testing on both parcels meeting the provincial standards for
residential use, as a matter of public health and safety;
4. water quality testing report on both parcels for nitrates and bacteria content
meeting the provincial standards for residential use, as a matter of public health and
safety;
5. obtaining a Minor Variance to recognize a reduced minimum lot area on both
parcels;
6. $500 cash-in-lieu parkland dedication fee payable to the municipality;
7. copy of the final survey be provided to the municipality
8. civic number signage for both parcels;
9. Planning Report Fee payable to the municipality."
CARRIED UNANIMOUSLY
Page 5 of 15
Council Minutes August 21, 2014
(c) Staff Report D2014-021 regarding "Sandy Shore Farms Consent E49/14". --
File: D10.14 Sandyshore
2014-413
Moved by: Councillor E Ketchabaw
Seconded by: Councillor W Casier
"THAT Council recommends to the Elgin County Land Division Committee that
Consent Application E49/14, submitted by Sandy Shore Farms Limited, be granted
subject to following conditions:
1. Rezoning of both the severed and retained parcels;
2. purchase of civic number sign for the retained parcel;
3. planning report fee payable to the municipality;
4. copy of the final survey provided to the municipality."
CARRIED UNANIMOUSLY
(d) Staff Report D2014-022 regarding"Peters Consent E50/14".
File: D10.14 Peters
Council raised concerns regarding the requirements for testing water quality and quantity
as well as demotion of the two barns and added these conditions to the resolution.
2014-414
Moved by: Councillor W Casier
Seconded by: Councillor E Ketchabaw
"THAT Council recommends to the Elgin County Land Division Committee that
Consent Application E50/14, submitted by Abraham and Emma Peters,be granted
subject to following conditions:
1.Rezoning of both the severed and retained parcels;
2. Municipal Road Access Permit for retained lands access to Ottergate Line;
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;
6. water quality testing report on the severed property for nitrates and bacteria
content meeting the provincial standards for residential use as a matter of public
health and safety;
7.water quantity testing on the severed property meeting the provincial standards
for residential use, as a matter of public health and safety;
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Council Minutes August 21, 2014
8. the two older barns be removed."
CARRIED UNANIMOUSLY
(e) Staff Report D2014-023 regarding "Stewart Consents E51-54/14.
File: D10.14 Stewart
2014-415
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT Council recommend to the Elgin County Land Division Committee that
Consent Applications E51-54/14, submitted by John D. Stewart, be granted subject
to following conditions:
1. municipal lot assessments to determine suitability for private septic systems on all
lots, as a matter of public health and safety;
2. water quantity testing on all lots meeting the provincial standards for residential
use, as a matter of public health and safety;
3. water quality testing report on all lots for nitrates and bacteria content meeting
the provincial standards for residential use, as a matter of public health and safety;
4. grading plan for the entire subject lands showing individual lot grades;
5. confirmation of County approved access to County Road 44 (Eden Line);
6. rezoning to Remove the Holding(h2)provision;
7. $500 cash-in-lieu parkland dedication fee for each created lot payable to the
municipality;
8. civic number signage for all lots;
9. Planning Report Fee payable to the municipality;
10. copy of the final survey be provided to the municipality."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE & REPORTS
(a) Staff Report DR2014-012 regarding "Petition for Drainage from James Crane".
File: E09
2014-416
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
Page 7 of 15
Council Minutes August 21, 2014
"THAT Council of the Municipality of Bayham acknowledges the filing with the
Clerk of the Petition for drainage works by James Crane on August 18, 2014;
THAT Staff Report DR2014-012 regarding the petition for drainage be received;
AND THAT Council wishes to proceed with this matter and appoints Spriet
Associates,Engineers, to prepare a report on the proposed drainage area pursuant
to Section 5 and Section 8(1) of the Drainage Act,for Council's consideration."
CARRIED UNANIMOUSLY
2. COURT OF REVISION-DRAINAGE
2014-417
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT in accordance with the provisions of the Drainage Act,the Council of the
Municipality of Bayham appoints Paul Ens, Cliff Evanitski, 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
8:15 p.m. - Court of Revision regarding the assessment of properties in regard to
Engineers's Report#212141 prepared by Spriet Associates dated May 27, 2014
referred to as the Phillips Municipal Drain 2014.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
No disclosures of pecuniary interest were declared.
STAFF PRESENTATION
Staff Report DR2014-011 regarding "Phillips Drain 2014 Court of Revision".
File: E09
PUBLIC COMMENTS
None.
Page 8 of 15
Council Minutes August 21, 2014
COURT MEMBER COMMENTS
None.
DISPOSITION OF ITEM
2014-418
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT the Court of Revision for the Phillips Drain 2014 hereby confirms the
assessments as per the Engineer's Report#212141 dated May 27,2014."
CARRIED UNANIMOUSLY
ADJOURNMENT
2014-419
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT the Court of Revision be adjourned and the Council meeting be reconvened
at 8:19 p.m."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2014-016 regarding "Contracting with Fire Marque".
File: L04
2014-420
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evantski
"THAT Staff Report P2014-016 regarding Fire Marque be received;
AND THAT By-law 2014-093, being a by-law to authorize entering into an
agreement with Fire Marque,to enable the recovery of operating costs at structure
fires through home/business owner insurance coverage for fires, be presented to
Council for enactment."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#017111 to Cheque#017202 inclusive totaling
$250,662.87and Payroll Disbursements for the period ending August 3, 2014 totaling
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Council Minutes August 21, 2014
$60,500.50.
2014-421
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT Cheque Register being Cheque#017111 to Cheque#017202 inclusive,
totaling $250,662.87 and Payroll Disbursements for the period ending August 3,
2014 totaling$60,500.50 be approved."
CARRIED UNANIMOUSLY
(b) Museums Bayham draft minutes of meeting held August 13, 2014.
File: C06
Council requested staff to clarify who will maintain the native planting proposed and
report back.
(c) Bayham Community Centres Committee draft minutes of meeting held August 5, 2014.
File: C06
It was suggested that Council should set its own maximum occupancy load limits within
municipal community centre facilities and asked to have staff clarify the numbers and
report back.
Councillors Casier and Ketchabaw explained the proposed additions to be added to the
tender documents for the installation of the lift.
(d) Staff Report C2014-005 regarding"Restricted Acts After Nomination Day".
File: C07
2014-422
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report C2014-005 regarding Council Restricted Acts After
Nomination Day be received for information."
CARRIED UNANIMOUSLY
(e) Staff Report C2014-007 regarding "Records Retention By-Law".
File: C01/A09
2014-423
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT Staff Report C2014-007 be received;
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Council Minutes August 21, 2014
AND THAT By-law 2014-091, being a by-law to establish a schedule of retention
periods for records, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(f) Staff Report C2014-008 regarding "Delegation of Powers and Duties of Council By-
Law".
File: A09
2014-424
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report C2014-008 be received;
AND THAT By-law 2014-090, being a by-law to adopt a policy with respect to the
delegation of powers and duties of Council,be presented to Council for enactment."
CARRIED UNANIMOUSLY
(g) Staff Report P2014-017 regarding "Municipal Law Enforcement Policy".
File: A09
2014-425
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor E Ketchabaw
"THAT Staff Report P2014-017 be received;
AND THAT By-law 2014-094, being a by-law to adopt the Municipal Law
Enforcement Policy,be presented to Council for enactment."
CARRIED UNANIMOUSLY
(h) Staff Report PW2014-018 regarding "Straffordville Crossing Guard Request".
File: T08
2014-426
Moved by: Councillor E Ketchabaw
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Report PW2014-018 regarding Straffordville Crossing Guard Request
be received;
AND THAT a copy of the same be referred to the Straffordville Public School for
information."
CARRIED UNANIMOUSLY
(i) Staff Report F2014-023 regarding "2015 Garbage Bag Tags".
Page 11 of 15
Council Minutes August 21, 2014
File: E07
The content of the report, the potential for an increase in garbage dumping on municipal
property should a tag fee be implemented, increased public education on the benefits of
reducing the amount of garbage sent to landfill and increased recycling, was discussed.
There was consensus on maintaining a phased-down approach.
2014-427
Moved by: Councillor E Ketchabaw
Seconded by: Councillor T Southwick
"THAT Staff Report F2014-023 regarding 2015 Garbage Bag Tags be received;
THAT Schedule 'A' of By-Law 2012-029 be amended to indicate that 1.5 bags be
provided to each residential property and proportional to other properties and that
additional bag tags be sold at a cost of$2.00/tag, effective January 1, 2015;
AND THAT the Administrator be directed to arrange a Promotion and Education
Program to educate the public about the 2015 Bag Tag Program."
CARRIED UNANIMOUSLY
(i) Memorandum C2014-20 regarding Request for Road Closure for Watermelon Fest.
File: R06
2014-428
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT Staff Memorandum C2014-20 be received;
AND THAT Council approves the request to close Old Chapel Street which runs
north/south from Heritage Line to Main Street and Main Street which runs
east/west from Old Chapel Street to Plank Road,to accommodate a Fire Equipment
Display on August 23rd from 10 a.m. until 6:00 p.m. during Watermelon Fest."
CARRIED UNANIMOUSLY
2014-429
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT in accordance with Section 12 of Procedural By-law 2002-93,Council shall
deal with business until 11:00 p.m. at its meeting of August 21, 2014"
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Quarterly Report for the Bayham Water Distribution System and Call Ins for the period
Page 12 of 15
Council Minutes August 21, 2014
ending June 30, 2014.
File: E08
The Water/WasteWater Manager advised that a leak in a watermain,near the north
bridge in Vienna, resulting in a large loss of water, has been found and repaired.
2014-430
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor W Casier
"THAT the Quarterly Report for the Bayham Water Distribution System and Call
Ins for the period ending June 30, 2014, be received for information."
CARRIED UNANIMOUSLY
(b) Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the
period ending June 30, 2014.
File: E08
2014-431
Moved by: Councillor W Casier
Seconded by: Deputy Mayor C Evanitski
"THAT the Quarterly Report for the Bayham Small Municipal Non-Residential
Wells for the period ending June 30,2014, be received for information."
CARRIED UNANIMOUSLY
(c) Quarterly Report for the Richmond Community Water System for the period ending
June 30, 2014.
File: E08
2014-432
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 June 30, 2014,be received for information."
CARRIED UNANIMOUSLY
(d) Port Burwell Wastewater Treatment Plant Quarterly Compliance Summary, Call Ins
and Biosolids Application Analysis for the period ending June 30, 2014.
File: E08
2014-433
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
Page 13 of 15
Council Minutes August 21, 2014
"THAT the Port Burwell Wastewater Treatment Plant Quarterly Compliance
Summary, Call Ins and Biosolids Application Analysis for the period ending June
30,2014,be received for information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) There were no Committee of the Whole items.
12. BY-LAWS
(a) By-Law Z628-2014 A By-Law to further amend Zoning By-Law Z456-
2003 (Froese Third Reading)
2014-434
Moved by: Councillor T Southwick
Seconded by: Councillor W Casier
"THAT By-Law Z628-2014 be read a third time and finally passed."
CARRIED UNANIMOUSLY
(b) By-Law 2014-090 A By-Law to Adopt a Policy with respect to the delegation of
powers and duties of Council
(c) By-Law 2014-091 A By-Law to establish a schedule of retention periods for records
(d) By-Law 2014-092 A By-Law to authorize the execution of an agreement (Fire
Marque Inc.)
(e) By-Law 2014-093 A By-Law to appoint municipal officers and employees
(0 By-law 2014-094 A By-Law to adopt a Municipal Law Enforcement Policy
2014-435
Moved by: Councillor T Southwick
Seconded by: Deputy Mayor C Evanitski
"THAT By-Laws 2014-090,2014-091, 2014-092, 2014-093 and 2014-094 be read a
first, second and third time and finally passed."
CARRIED UNANIMOUSLY
Page 14 of 15
Council Minutes August 21,2014
(g) By-Law 2014-095 A By-Law to confirm all actions of Council
2014-436
Moved by: Deputy Mayor C Evanitski
Seconded by: Councillor T Southwick
"THAT confirming By-Law 2014-095 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2014-437
Moved by: Councillor T Southwick
Seconded by: Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned at 11:10 p.m."
CARRIED UNANIMOUSLY
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