HomeMy WebLinkAboutApril 18, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
April 18,2013
7:00 PM
7:30 PM—Public Meeting—Planning-Zoning
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, April
18, 2013 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Cliff
Evanitski, Councillors Wayne Casier, Tom Southwick, and Ed Ketchabaw and Clerk Lynda
Millard.
Treasurer David Aristone, Planning Coordinator/Deputy Clerk Margaret Underhill, Public
Works Manager Vance Czerwinski, Chief Building Official/Drainage Superintendent Bill
Knifton and Water/Wastewater Superintendent 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
None.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held April 4, 2013.
2013-168
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the minutes of the regular meeting held April 4, 2013 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item
2013-169
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT in accordance with Section 21 of Procedural By-law 2002-93, Staff
Memorandum regarding Request to Waive Penalty on Water Billing be added to
the agenda as item 9(h)."
CARRIED UNANIMOUSLY
Page 1 of 11
Council Minutes April 18„ 2013
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS -None
2. STATEMENTS BY COUNCIL
Councillor Casier advised that a resident raised concerns regarding the state of the gas pumps
at the former service station across from the municipal office and requested staff to see what
can be done to remove or better secure them.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
The Water/Wastewater Superintendent advised that the RFPs for equipment closes this
Friday and he will be meeting with the Engineer to review the submissions and make a
recommendation. The design process is complete and tender submissions for the
installation and retrofit will be circulated. The application for a Certificate of Approval
will be forwarded to the MOE in Toronto.
(b) Harbour Divestiture—None
5. INFORMATION ITEMS
(a) Bayham Historical Society minutes of meeting held March 14, 2013.
File: C06
(b) Correspondence dated March 28, 2013 from Stewardship Ontario regarding "Industry
Funding for Municipal Blue Box Recycling for 2012 Program Year".
File: E07
(c) Correspondence dated March 2013 from Ministry of Citizenship and Immigration
regarding "Lincoln M. Alexander Award 2013".
File: MOO
(d) Correspondence received from Otter Valley Chamber of Commerce regarding
"Interpretive Centre 2013 Season".
File: C13
Councillor Ketchabaw noted the concerns from the Chamber regarding Council's
decision not to staff the Wind Interpretive Centre in 2013 and suggested that the Chamber
be requested to provide information that may affect the municipal budget to Council prior
to drafting by staff in late October or early November for consideration.
(e) Correspondence dated March 28, 2013 from County of Elgin regarding "Western
Ontario Wardens'Caucus Survey on Broadband Needs".
File: A16
(f) Correspondence received from Sue Beattie regarding "Invitation to attend Summer Fun
Day in Belmont".
File: C13
(g) Correspondence received from Elgin Military Museum regarding "Report to Bayham
March, 2013".
File: D06
Page 2 of 11
Council Minutes April 18, 2013
2013-170
Moved by Councilor W Casier
Seconded by Councillor T Southwick
"THAT information items 5(a)through 5(g) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Report D2013-012 regarding 2350752 Ontario Inc. Consent App. E24/13.
File: D10.13 2350752 Ontario Inc.
The Planning Co-ordinator noted that the application is to separate the two properties that
were unintentionally merged when ownership changed. She added that the zoning
deficiencies can be addressed through a minor variance.
2013-171
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT Council recommends to the Elgin County Land Division Committee that
consent application E24/13, submitted by 2350752 Ontario Inc.,be granted,subject
to conditions:
1. minor variance application and approval
2. final survey submitted to the municipality
3.planning report fee payable to the municipality"
CARRIED UNANIMOUSLY
(b) Staff Report D2013-013 regarding Peters Consent Application E25/13.
File: D10.13 Peters
The Planning Co-ordinator noted that no new lots are being created and, as the Ministry
of Transportation has a one foot reserve, there is no legal frontage along Talbot Line.
(Highway#3).
2013-172
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Council recommends to the Elgin County Land Division Committee that
consent application E25/13, submitted by Abraham and Emma Peters, be granted,
subject to conditions:
1. final survey submitted to the municipality
2.planning report fee payable to the municipality
3. Letter of Undertaking providing for the consolidation of the severed parcel with
the adjacent property as per the application."
CARRIED UNANIMOUSLY
(c) Staff Report D2013-015 regarding Dundee Energy Site Plan Agreement.
File: D11.DUND
Page 3 of 11
Council Minutes April 18, 2013
(This item was discussed following the public meeting.)
The Planning Co-ordinator advised that the agreement will be registered on title at the
owner's cost.
2013-173
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT By-law No. 2013-039,being a By-law to authorize the execution of a Site
Plan Agreement with Dundee Energy Limited Partnership and the Municipality of
Bayham be presented for enactment."
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
2013-174
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. -Dundee Energy Rezoning -to change the zoning on a parcel of land from
Open Space(OS)to site-specific Open Space (OS-9) submitted by Dundee Energy
L.P.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None
STAFF PRESENTATION
Staff Report D2013-014 regarding Dundee Energy Rezoning.
File: D14.DUND
The Planning Co-ordinator noted that the zoning will change the open space designation
to site specific open space. The company is returning some of its activities from Port
Stanley to Port Burwell due to the extensive dredging done in the harbour to
accommodate the Ojibwa submarine.
PUBLIC COMMENTS
No written or verbal comments were received from the public.
COUNCIL COMMENTS AND QUESTIONS
Deputy Mayor Evanitski questioned and it was confirmed that the application had been
circulated to the Long Point Region Conservation Authority for comment.
Page 4 of 11
Council Minutes April 18, 2013
ADJOURNMENT
2013-175
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Public Meeting be adjourned at 7:36 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2013-176
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the zoning of lands located at Concession 1 Part Lot 11, owned by Dundee
Energy Limited Partnership, be changed from Open Space (OS) to a site-specific
Open Space (OS-9);
AND THAT Zoning By-law Z617-2013 be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE &DRAINAGE
(a) Staff Report PW2013-04 regarding Used Grader Request for Proposal.
File: F18
The Public Works Manager advised that the operators have tried and like the way the
2011 John Deere machine handles. The 1600 hours have been acquired mainly through
demonstration purposes. The grader came with a snow wing and Bayham has all the other
snow equipment necessary. He plans to acquire a compactor that can be towed behind to
pack the gravel while grading.
2013-177
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council approve the purchase of the used John Deere 872 grader at the
proposed price of$249,940.00 plus H.S.T. from NORTRAX."
CARRIED UNANIMOUSLY
(b) Staff Report DR2013-004 regarding Centre Street Municipal Drain Assessment
Schedule.
File: E09
Deputy Mayor Evanitski noted that he made a site visit to the property in question and
that water is still ponding in this area. He requested and Council agreed that staff contact
the Engineer to revisit the property,determine the cause and make remedial adjustments.
Page 5 of 11
Council Minutes April 18, 2013
2013-178
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT staff be directed to make alterations to the Assessment Schedule of The
Centre Street Drain,by transposing the roll#34-01-004-001-21300-0000 to#34-01-
004-001-21310-0000 and vice—versa."
CARRIED UNANIMOUSLY
(c) Staff Report DR2013-005 regarding Petition for Drainage from Bayham's Road
Manager.
File: E09
2013-179
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council of the Municipality of Bayham acknowledges the filing with the
Clerk of the Petition for drainage works by the Bayham Manager Public Works;
THAT Staff Report DR2013-005 regarding the petition for drainage and for
drainage improvement be received;
AND THAT Council wishes to proceed with this matter and appoints Spriets
Associates,Engineers,to prepare a report on the proposed drainage area pursuant
to Section 5 and Section 8(4)of the Drainage Act, for Council's consideration."
CARRIED UNANIMOUSLY
8. PROPERTY, BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2013-002 regarding 2013 First Quarter Report Building Services &
Drainage".
File: P10
2013-180
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report P2013-002 regarding information on the activities of the
Building Services and Drainage Department for the first quarter of 2013 be
received for information."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#014268 to Cheque#014340 inclusive totaling
$126,422.43 and Payroll Disbursements for the period ending March 31, 2013 totaling
$56,210.16.
Mayor Ens questioned whether there is a grant for the cenotaph repairs.
The Clerk responded that Veteran's Affairs have approved support and that application
for reimbursement is yet to be made.
Page 6 of 11
Council Minutes April 18, 2013
2013-181
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Cheque Register being Cheque#014268 to Cheque#014340 inclusive,
totaling $126,422.43 and Payroll Disbursements for the period ending March 31,
2013 totaling$56,210.16 be approved."
CARRIED UNANIMOUSLY
(b) Memorandum C2013-02 regarding Committee Appointments.
File: C12
Deputy Mayor Evanitski agreed to fill all of the remaining Council representative vacant
positions for the remainder of the 2013 term.
2013-182
Moved by Councillor T Southwick
Seconded by Deputy Mayor C Evanitski
"THAT By-Law 2013-037,being a by-law to amend appointments By-Law 2013-
001,be presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) Correspondence dated April 11, 2013 from Township of Wainfleet to The Honourable
Kathleen Wynne regarding "Motion to Declare the Township of Wainfleet is Not a
'Willing Host' for Wind Turbine Development".
File: C10
Councillor Ketchabaw commented that Bayham had been proactive in establishing
industrial wind turbines locally, and instrumental in developing the criteria to ensure the
results were satisfactory and beneficial to the community. He encouraged members to
support re-establishment of local control.
2013-183
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the resolution from the Township of Wainfleet regarding Motion to
Declare the Township of Wainfleet is Not a Willing Host for Industrial Wind
Turbine Development be received;
AND THAT the Council of the Municipality of Bayham supports consideration by
the provincial government of municipal input in the location of Industrial Wind
Turbine Projects within their boundaries,prior to development."
CARRIED UNANIMOUSLY
(d) Copy of resolution passed by the Town of Aylmer on April 8, 2013 regarding "Ontario
Drive Clean Program".
File: C10
It was noted that Council had already supported the resolution at the request of Malahide
Township.
Page 7 of 11
Council Minutes April 18, 2013
2013-184
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the resolution from the Town of Aylmer regarding Ontario Drive Clean
Program be received for information."
CARRIED UNANIMOUSLY
(e) Staff Memorandum regarding By-law 2013-036 Adoption of 2013 Tax Rates.
File: F05
2013-185
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT By-Law 2013-036,being a by-law to adopt tax rates for 2013, be presented
to Council for enactment."
CARRIED UNANIMOUSLY
(f) Staff Report PW2013-03 regarding County Road Maintenance Agreement/Funding.
File: L04
Council was satisfied that staff had addressed the concerns and had no questions.
2013-186
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT By-Law 2013-038,being a by-law to authorize the execution of an
agreement between the Municipality of Bayham and the County of Elgin for the
purpose of road maintenance,be presented to Council for enactment."
CARRIED UNANIMOUSLY
(g) Request from Otter Valley Naturalists regarding booking of Vienna Community
Centre.
File: C13
This item was referred to the Community Centres Committee for review and
recommendation to Council.
(h) Staff Memorandum regarding Request to Waive Penalty on Water Billing.
The Treasurer noted that the water user was made aware that there had been a leak and a
large billing would be sent. The 5%penalty was assessed when the initial invoice was not
paid by the due date. Any such charges have not historically been waived by Council.
2013-187
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Staff Memorandum regarding Request to Waive Penalty on Water
Billing be received for information."
CARRIED UNANIMOUSLY
Page 8 of 11
Council Minutes April 18,2013
10. ENVIRONMENT
(a) Quarterly Report for the Bayham Water Distribution System and call ins for the period
ending March 31, 2013.
File: E08
2013-188
Moved by Councillor T Southwick
Seconded by Deputy Mayor C Evanitski
"THAT the Quarterly Report for the Bayham Water Distribution System for the
period ending March 31, 2013 be received for information."
CARRIED UNANIMOUSLY
(b) Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the
period ending March 31, 2013.
File: E08
2013-189
Moved by Councillor T Southwick
Seconded by Deputy Mayor C Evanitski
"THAT the Quarterly Report for the Bayham Small Municipal Non-Residential
Wells for the period ending March 31, 2013 be received for information."
CARRIED UNANIMOUSLY
(c) Quarterly Report for the Richmond Community Water System and call ins for the
perod ending March 31, 2013.
File: E08
The Water/Wastewater Superintendent noted that lead testing will be required once the
new source is being utilized. The existing source will be de-commissioned by removing
the catchment area, allowing the springs to outlet into the creek.
2013-190
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Quarterly Report for the Richmond Community Water System and call
ins for the period ending March 31, 2013 be received for information."
CARRIED UNANIMOUSLY
(d) Port Burwell Wastewater Treatment Plant Quarterly Compliance Summary and Call
Ins for the period ending March 31, 2013.
File: E08
It was noted that acceptance of septage began in mid-April. The Water/WasteWater
Superintendent noted there were several incidents of mice in junction boxes at the
pumping stations.
Page 9 of 11
Council Minutes April 18, 2013
2013-191
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the Port Burwell Wastewater Treatment Plant Quarterly Compliance
Summary and Call Ins for the period March 31, 2013 be received for information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
The Closed Session items were deferred until the next regular meeting.
(a) In Camera.
(b) Closed session minutes of the regular meeting of Council held April 4, 2013.
(c) Confidential Report regarding the security of the property of the municipality or local
board. (Project Ojibwa)
(d) Confidential Report regarding labour relations or employee negotiations. (Market
Analysis)
(e) Out of Camera.
12. BY-LAWS
(a) By-Law Z617-2013 A By-Law to further amend By-law Z456-2003 (Dundee
Energy)
(b) By-Law 2013-036 A By-Law to establish a 2013 tax levy and adopt tax rates
(c) By-Law 2013-037 A By-Law to amend By-Law 2013-001 (appointing members to
Boards and Committees)
(d) By-law 2013-038 A By-law to authorize the execution of an agreement with the
County of Elgin for Maintenance of County Roads.
(e) By-Law 2013-039 A By-Law to authorize the execution of a Site Plan Agreement
(Dundee Energy Limited Partnership)
2013-192
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT By-Laws Z617-2013,2013-036, 2013-037, 2013-038 and 2013-039 be read a
first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(f) By-Law 2013-040 A By-Law to confirm all actions of Council
2013-193
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"That confirming By-Law 2013-040 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
Page 10 of 11
Council Minutes April 18, 2013
13. ADJOURNMENT
(a) Adjournment
2013-194
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned at 8:27 p.m."
CARRIED UNANIMOUSLY
- EJ
.
MA— Ye CLERK.
Page 11 of 11