HomeMy WebLinkAboutFebruary 21, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Council Chambers
February 21, 2013
7:00 PM
Regular Council Public Meeting
7:30 p.m., 7:40 p.m., & 7:50 p.m. —Public Meetings—Planning—(Zoning)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
February 21,2013 in the Council Chambers. Present were Mayor Paul Ens,Acting Deputy
Mayor Wayne Casier, Councillors Tom Southwick and Ed Ketchabaw,Administrator Kyle
Kruger 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
None.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the budget meeting held February 5, 2013.
2013-083
Moved by Councillor T Southwick
Seconded by Acting Deputy Mayor W Casier
"THAT the minutes of the budget meeting held February 5, 2013 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the regular meeting of Council held February 7, 2013.
Acting Deputy Mayor Casier noted that the February 7th minutes item 5(e) should be
amended to read: "He noted that Elgin OPP operate as one of the lowest per capita costs
in Ontario."
2013-084
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT the minutes of the regular meeting held February 7, 2013 be approved as
amended."
CARRIED UNANIMOUSLY
Page 1 of 13
Council Minutes February 21, 2013
(c) Added Items
2013-085
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT in accordance with Section 21 of Procedural By-law 2002-93,email
correspondence dated February 20,2013 from Rob Perry,Aylmer Express
newspaper, requesting a fee waiver for use of the Bayham Community Centre to
hold an all candidates forum on March 4th at 7:00 p.m., and a confidential
disposition/acquisition of land be added to the agenda as item(s)9(0 and 11
respectively."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. -Roselyn Chues and Julia Cus regarding "Drainage of water at 11857
Elliott Road".
Ms. Chues addressed Council regarding long term drainage issues at 11857 Elliott Road,
caused by the neighbour filling in a mutual drainage pond and crushing drainage tile on
the front yard of the neighbour's property.
During excessive rain events, this has caused extensive flooding of the sewage weeping
tiles on the property owned by her mother Julia Cus. Ms. Cus has spent considerable
monies in attempts to resolve the situation to no avail. Ms. Chues claims the action of the
neigbour is contrary to Paragon Right. Legal action by Ms. Chues and her mother is
being contemplated.
Ms. Chues also raised concerns regarding staff response to contravention of restrictions
on a burn permit issued in August 2012 to their neighbour.
The Administrator was directed to review the matters with staff and report back to
Council.
2. STATEMENTS BY COUNCIL
Councillor Ketchabaw noted that Elgin County Council is reconsidering their lack of support
regarding SCOR.
Mayor Ens announced that the Aylmer Express will be holding an all-candidates night at the
Bayham Community Centre on Monday,March 4th beginning at 7:00 p.m. All are welcome.
3. UPDATES ON PROJECTS
(a) Richmond Community Water.
The Administrator advised that the Engineer has confirmed the GUDI assessment has
been completed and that groundwater will require filtration. The specification details for
the system installation are progressing.
Page 2 of 13
Council Minutes February 21,2013
It was commented that the Municipality will be responsible for source water protection
requirements for this system. This may impact land use,however, should be less than for
the existing water source.
(b) Harbour Divestiture.
Staff advised that Small Craft Harbours expects the final ESA report to be completed at
approximately the end of March.
5. INFORMATION ITEMS
(a) Correspondence received February 5, 2013 regarding "Pitch-In Week April 21 -27".
File: A01
(b) Correspondence dated January 17, 2013 from Association of Ontario Road Supervisors
regarding "AORS 2013 Training and Professional Development Program".
File: A01
(c) Correspondence received February 5, 2013 from County of Elgin regarding "Elgin
Warden's Charity Golf Tournament Invitation and Sponsorship Request".
File: A16
Mayor Ens noted that the Warden's Charity Golf proceeds support the local United Way.
(d) Correspondence received February 7, 2013 from Ministry of Consumer Services
regarding "Ontario Underground Infrastructure Notification System Act, 2012".
File: A16
Councillor Ketchabaw questioned whether the "One call"would have any impact on
Bayham.
The Administrator responded that there should not be as information required is
reasonably available, except for the Richmond Water System which has limited waterline
location details and may be an issue.
(e) Otter Valley Chamber of Commerce minutes of meeting held January 8, 2013.
File: C06
(f) Committee of Adjustment Decision regarding "Application A-01/13 and A-02/13
Frank and Anna Enns".
File: D13
(g) Correspondence dated February 6, 2013 from Ministry of Agriculture, Food and Rural
Affairs regarding "Municipal Infrastructure Investment Initiative Capital Program".
File: F 1 l
Staff noted that staff from Bayham, Malahide and Central Elgin have discussed the
Dexter Line project and OMAFRA is to be contacted to see whether the project may be
reconsidered.
(h) Correspondence regarding "2013 ACO St. Thomas/Elgin Heritage Awards".
File: M02
(i) Correspondence regarding "Prime Minister's Volunteer Awards".
File: M02
Page 3of13
Council Minutes February 21, 2013
Mayor Ens suggested that the Bayham 2012 Citizen of the Year(Diane Deblaire)be
nominated.
2013-086
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Bayham Citizen of the Year 2012 be nominated for the Prime
Minister's Volunteer Award."
CARRIED UNANIMOUSLY
(j) Correspondence dated January 2013 from Municipal Property Assessment Corporation
regarding "Assessment of Cemeteries".
File: S09
(k) Long Point Region Conservation Authority Board of Directors minutes of meeting held
January 9, 2013.
File: C06
Councillor Ketchabaw was congratulated on his appointment as Vice-Chair for the
LPRCA.
(1) Invitaion received February 13, 2013 from St. Thomas-Elgin Local Immigration
Partnership regarding "Moving Forward 2013".
File: A01
(m) Correspondence dated February 8,2013 from Ministry of Municipal Affairs and
Housing regarding "Council-Adopted Official Plan for the County of Elgin Ministry
File No: 34-OP-4000".
File: D08
Councillor Ketchabaw questioned whether the concerns raised by Bayham in the draft
County Official Plan have been addressed.
The Planning Co-ordinator confirmed they have been.
(n) Correspondence dated February 8, 2013 from Ministry of Community Safety and
Correctional Services regarding "Mandatory Emergency Management Program
Elements".
File: P00
(o) Correspondence dated February 13, 2013 from County of Elgin regarding "Elgin
County 2013 Budget".
File: F05
2013-087
Moved by Councillor T Southwick
Seconded by Acting Deputy Mayor W Casier
"THAT information items 5(a)through 5(o), except(i),be received for
information."
CARRIED UNANIMOUSLY
Page 4 of 13
Council Minutes February 21, 2013
6. PLANNING,DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Memorandum D2013-01 regarding Teichroeb- OMB Order.
File: LO1
The Planning Co-ordinator noted that the first OMB Order contained errors and was
corrected by the issuance of an amended Order.
Councillor Ketchabaw noted that the mediation process was a necessary step that was
beneficial to all parties.
2013-088
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT Zoning By-law Z603-2012 be presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report D2013-005 regarding Kutama Consent Application El 0/13.
File: D10.13 KUTAMA
The Planning Co-ordinator noted that this was a re-submission of an earlier application
that had previously been approved and cleared but was allowed by the applicant to lapse.
2013-089
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT Council recommends to the Elgin County Land Division Committee that
severance application E10/13, submitted by F. Kutama,be granted."
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
2013-090
Moved by Acting Deputy Mayor 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. - Chambers Temporary Rezoning-to change the zoning on a parcel of land
from Agricultural(Al)to Agricultural-Temporary(Al-T4) submitted by Darlene
Chambers.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
Page 5 of 13
Council Minutes February 21, 2013
STAFF PRESENTATION
Staff Report D2013-006 regarding Chambers Temporary Zoning.
File: D14.CHAM10
The Planning Co-ordinator noted that this property was previously under temporary
zoning to permit a mobile home which expired in 2010.
No written or verbal concerns or comments from the public were received.
PUBLIC COMMENTS
None
COUNCIL COMMENTS AND QUESTIONS
None
ADJOURNMENT
2013-091
Moved by Councillor T Southwick
Seconded by Acting Deputy Mayor W Casier
"THAT the Public Meeting be adjourned at 7:35 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2013-092
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor T Southwick
"THAT the zoning of those lands located at 57361 Calton Line in Concession 4
North Part Lot 23 be changed from Agriculture (Al) to Agriculture-Temporary 4
(A1/T4) Zone to allow for the temporary use of a mobile home for a family member
to reside in order to care for an elderly family member for a period of three (3)
years ending February 21,2016;
AND THAT Zoning By-law No. Z613-2013 be presented for enactment."
CARRIED UNANIMOUSLY
3. PUBLIC MEETING
2013-093
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor 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
7:40 p.m. -Weiler Rezoning -to change the zoning of four new lots as a result of
consents E57/12 and E58/12 from site-specific Village Residential(R1-4) to Village
Page 6 of 13
Council Minutes February 21, 2013
Residential (R1) submitted by Peter and Ruth Wieler.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
STAFF PRESENTATION
Staff Report D2013-007 regarding Wieler Rezoning.
File: D14.WIEL13
The Planning Co-ordinator advised that the application to rezone is a condition of the
consent to create four new residential lots at the corner of Plank Road and Light Line.
She noted that the owner and his agent were both present and that no written or verbal
concerns or comments from the public were received.
PUBLIC COMMENTS
Peter Dyck, abutting property owner, questioned whether the creation of these new lots
would affect his liability for the pond that is located on his land.
It was suggested that he post signage (no trespassing) and contact his insurer to confirm his
coverage.
COUNCIL COMMENTS AND QUESTIONS
None
ADJOURNMENT
2013-094
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Public Meeting be adjourned at 7:47 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2013-095
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT the zoning of the residential lots located at Part Lot 16 Concession 4 subject
to Consent Applications E57/12 and E58/12,owned by Peter and Ruth Wieler,be
changed from site-specific Village Residential(R1-4)to Village Residential(R1);
AND THAT Zoning By-law Z615-2013 be presented for enactment."
CARRIED UNANIMOUSLY
Page 7 of 13
Council Minutes February 21,2013
4. PUBLIC MEETING
2013-096
Moved by Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"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
7:50 p.m. - Stewart Rezoning -to change the zoning on four new lots and one retained
lot as a result of consents E73-75/12 &E77/12 from site-specific Agricultural(A1-16)
to site-specific Rural Residential(RR-22) for three proposed new lots and to Rural
Residential (RR) for the remaining proposed new lot with the proposed retained
lands to remain Agricultural (A1-16),but with an additional site-specific provision as
submitted by Brent Stewart.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
STAFF PRESENTATION
Staff Report D2013-008 regarding Stewart Rezoning.
File: D14.STEW
The Planning Co-ordinator advised that the zoning change is to recognize the reduced lot
frontage and size on four proposed lots in the Special Policy Area No. 4 -New England
and on the retained agricultural parcel. The LPRCA has confirmed that Lot 4 is
appropriate for residential use.
There were no verbal or written comments received from the public.
PUBLIC COMMENTS
None
COUNCIL COMMENTS AND QUESTIONS
Acting Deputy Mayor Casier questioned whether the new lots were large enough to
accommodate livestock,to which the Planning Co-ordinator confirmed they are not.
ADJOURNMENT
2013-097
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT the Public Meeting be adjourned at 7:55 p.m."
CARRIED UNANIMOUSLY
Page 8 of 13
Council Minutes February 21, 2013
DISPOSITION OF ITEM
2013-098
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT the zoning of three severed residential lots located at Part Lots 24 & 25
Concession 9 owned by Brent Stewart, subject to Consent Applications E73/12,
E74/12,E75/12,be changed from site-specific Agricultural(A1-16) to site-specific
Rural Residential(RR-22);
AND THAT the zoning of one severed residential lot subject to Consent Application
E77/12 is changed from site-specific Agricultural(A1-16)to site-specific Rural
Residential (RR) retaining the existing Hazard Lands (HL)portion;
AND THAT By-law No. Z456-2003 is hereby further amended by amending Section
5.11.16;
AND THAT Zoning By-law Z614-2013 be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE &DRAINAGE
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Correspondence dated February 3, 2013 from Judy Ketchabaw regarding "Shuttle
Water Service for Eden".
File: C13
The Administrator advised there have been a number of changes to achieve certification
status for a tanker shuttle in areas that are not serviced with fire hydrants.
2013-099
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT correspondence from Judy Ketchabaw regarding Shuttle Water Service for
Eden be received;
AND THAT the correspondence be referred to staff for review and report back to
Council with options or recommendations for Council's consideration."
CARRIED UNANIMOUSLY
(b) Correspondence dated February 7,2013 from Ontario Sheep Marketing Agency
regarding "Livestock Guardian Dogs".
File: P00
The Administrator commented that staff are not aware of any local concerns at this time.
Page 9 of 13
Council Minutes February 21, 2013
2013-100
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT correspondence from Ontario Sheep Marketing Agency regarding
Livestock Guardian Dogs be received for information."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#013883 to Cheque#013972 inclusive, except Cheques
#013907,#013925 and#013869 totaling$259,637.76 and Payroll Disbursements for
the period ending February 3, 2013 totaling$56,889.33.
2013-101
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT Cheque Register being Cheque#013883 to Cheque#013972 inclusive,
except Cheques #013907,#013925 and #013869 totaling$259,637.76 and Payroll
Disbursements for the period ending February 3,2013 totaling$56,899.33 be
approved."
CARRIED UNANIMOUSLY
(b) Periscope Playhouse proposal as recommended by Community Centres Committee.
File: C06
Staff noted that the Periscope Playhouse group has confirmed use of another site for their
activities and do not require use of the Vienna hall.
2013-102
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT the information regarding use of the Vienna Community Centre by
Periscope Playhouse be received for information."
CARRIED UNANIMOUSLY
(c) Staff Memorandum regarding "Request for Conveyance of Lands -Thiessen".
File: T09
The Administrator noted that Mr. Thiessen is now prepared to assume the costs related to
the purchase and transfer of the proposed lands. The lands will need to be declared as
surplus to the needs of the municipality and notice placed in the local newspaper.
2013-103
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT Council direct staff to proceed with required procedures for
the conveyance of the lands identified as Part 2 11R-5385 to Nettie and Henry
Thiessen, at an appraised value plus transfer costs."
CARRIED UNANIMOUSLY
Page 10 of 13
Council Minutes February 21, 2013
(d) Staff Report F2013-08 regarding "Investment Report".
File: F12
2013-104
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT Staff Report F2013-08,Investment Report, be received for information."
CARRIED UNANIMOUSLY
(e) Staff Report PW2013-02 regarding Municipal Beach Washroom/Changeroom 2013.
File: L04
The Administrator noted that the 2012 contract amounted to less than the proposed$8 —
$10,000 as well as less than the anticipated in-house costs. Costs are not expected to
surpass that level in 2013.
2013-105
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-Law 2013-022,being a By-law to authorize a contract with Nancy
Lozon for the provision of cleaning services be presented to Council for
enactment."
CARRIED UNANIMOUSLY
(f) Email correspondence dated February 20, 2013 from Rob Perry, Aylmer Express
requesting a fee waiver for use of the Bayham Comunity Centre on March 4 for an all-
candidates forum to be held at 7:00 p.m.
Council offered appreciation for the Aylmer Express in arranging and hosting the all-
candidates event.
2013-106
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT Council approves a fee waiver for use of the Bayham Community Centre to
hold an all-candidates forum on Monday, March 4th;
AND THAT the cleaning fee of$100 only apply."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
Page 11 of 13
Council Minutes February 21, 2013
2013-107
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 8:35 p.m. to discuss:
• the security of the property of the municipality or local board; and
• a proposed or pending acquisition or disposition of land by the municipality or
local board."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the budget meeting held February 5, 2013.
(c) Closed session minutes of the regular meeting of Council held February 7, 2013.
(d) Confidential Staff Memorandum regarding the security of the property of the
municipality or local board. (Project Ojibwa)
(e) Confidential matter regarding acquisition/disposition of property. (Wellington Street)
(f) Out of Camera.
2013-108
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT the Committee of the Whole do now rise from the "In Camera" session at
9:13 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law Z603-2012 A By-law to further amend By-law Z456-2003 (Teichroeb)
(b) By-Law Z613-2013 A By-law to further amend By-law Z456-2003 (Chambers)
(c) By-Law Z614-2013 A By-law to further amend By-law Z456-2003 (Stewart)
(d) By-Law Z615-2013 A By-law to further amend By-law Z456-2003 (Wieler)
(e) By-Law 2013-018 A By-law to adopt the Capital Estimates for the year 2013
(f) By-Law 2013-020 A By-law to authorize the execution of an agreement (Bayham
Community Centre Janitorial Services)
(g) By-Law 2013-021 A By-law to authorize the execution of an agreement (Vienna
Community Centre Janitorial Services)
(h) By-Law 2013-022 A By-law to authorize the execution of an agreement (Provision
of Cleaning Services)
2013-109
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT By-Laws Z603-2012, Z613-2013, Z614-2013, Z615-2013,2013-018, 2013-
020,2013-021 and 2013-022 be read a first, second and third time and fmally
passed."
CARRIED UNANIMOUSLY
Page 12 of 13
Council Minutes February 21, 2013
(i) By-Law 2013-023 A By-law to confirm all actions of Council
2013-110
Moved by Acting Deputy Mayor W Casier
Seconded by Councillor E Ketchabaw
"That confirming By-Law 2013-023 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2013-111
Moved by Councillor E Ketchabaw
Seconded by Acting Deputy Mayor W Casier
"THAT the Council meeting be adjourned at 9:15 p.m."
CARRIED UNANIMOUSLY
°OL41
MAYOR CLERK
Page 13 of 13