HomeMy WebLinkAboutMay 02, 2013 - Council COUNCIL MINUTES ?#`
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
Thursday, May 02, 2013
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, May
2, 2013 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Cliff Evanitski,
Councillors Wayne Casier, Tom Southwick and Ed Ketchabaw, Administrator Kyle Kruger and
Clerk Lynda Millard.
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
No conflicts were initially declared,however, the following were made as these items came
forward for discussion.
Item 4(b) Upon presentation by Mr. Edey, Councillor Southwick advised that he receives
revenue from a nearby gas well, declared a pecuniary interest and vacated his seat during
discussion of this matter.
Item 9(e) Upon comments from the Administrator regarding summer staffing provisions for
the Wind Interpretive Centre, Deputy Mayor Evanitski declared a pecuniary interest as his
son had worked at the Centre in 2012 and vacated his seat during discussion of this matter.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held April 18, 2013.
2013-201
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held April 18, 2013 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of special meeting held April 22, 2013.
2013-202
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
Page 1 of 12
Council Minutes May 02, 2013
"THAT the minutes of the special meeting held April 22, 2013 be approved as
circulated."
CARRIED UNANIMOUSLY
(c) Minutes of special meeting held April 24, 2013.
2013-203
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the minutes of the special meeting held April 24, 2013 be approved as
circulated."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. - Abe Harms and Donna Lunn from Mennonite Community Services
regarding "Impact Study Assessment".
Mr. Harms reported that the Mennonite Community Services program was established in
2000 by the Mennonite Central Committee to provide assistance and support to the Low-
German population in Elgin County. The MCS Impact Study was completed by Dr.
Harry Cummings with the assistance of graduate students from the University of Guelph.
The program has assisted over 2,000 clients, providing family support, English as a
second language, transportation and translation.
A local Low-German radio station has been established with educational programs and
events appealing to the elderly, shut-ins, youth and stay at home moms. It advertises jobs
and business opportunities, news and programs from other provinces and countries.
Programming has been extended to include a Spanish program for local seasonal off
shore workers. The organization has also partnered with the County Library to provide
unique programming, which won a provincial award.
The Thrift Store services local and distant areas with used clothing and household items
and collects and distributes funds for the MCC and charities. The program also includes
Employment Services by providing the tools to develop employable skills.
The organization has contributed to local cultural tourism through its website
www.mcson.org and the Settlement Stories Quilt Trail throughout East Elgin.
(b) 7:20 p.m. - Charles Edey from Magnum Gas Corp. regarding "Waiver of Interest on
Tax Account".
Mr. Edey provided an overview of his privately owned and family operated business,
employing three full-time and two part-time staff, spending more than $380,000 locally
per year. The business operates 67 gas wells and has140 km of 4" steel, 4" plastic and 6"
plastic pipeline. Property tax regulation rates are based on diameter of pipelines installed.
Magnum Gas production utilizes less than 1/20th of the pipeline capacity in Bayham,
Malahide and Norfolk. Unfortunately, when the aging lines were replaced they were
oversized, resulting in a greater tax burden to the company.
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Council Minutes May 02, 2013
He noted that in 2012 Magnum Gas produced 191,625/GJ. Natural gas prices have
declined from an average of$9.13/GJ in 2008 to $2.70/GJ in 2012. Property taxes,based
on size of lines, currently represent 24.7% of gross revenues received by the company.
Mr. Edey explained that there is no ability to amend the tax assessment. He advised that
he met with provincial ministers seeking a resolve through legislation however, nothing
is likely to happen under a minority government. He requested that Council consider
forgiveness of penalties and interest to date.
Discussion followed. Council members were concerned that providing any relief may
result in other similar requests.
Staff noted the applicable section of the Municipal Act. No other option appears to be
available. Staff was requested to provide a report for the next meeting.
2. STATEMENTS BY COUNCIL
None
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
The Administrator advised that the Water/Wastewater Superintendent was able to have
the MOE waive the permit fee estimated at$8,200. The equipment solicited in the RFP
will be acquired upon Council approval. Ministry approval for installation of the works is
expected in approximately 30 days after the equipment is approved.
(b) Harbour Divestiture
The Administrator advised that the draft ESA is being reviewed by Small Craft Harbours.
Comments are expected within the next 2 to 3 weeks.
5. INFORMATION ITEMS
(a) Correspondence received from Ontario Convenience Stores Association regarding
"distribution and sale of contraband (illegal) tobacco".
File: A01
(b) Correspondence dated April 4, 2013 from Community Living Tillsonburg regarding
"Inaugural Golf Tournament".
File: A01
(c) Communities in Bloom 2013 Ontario Edition Registration form.
File: A01
(d) Copy of correspondence dated April 16, 2013 from Oxford County to Minister of
Transportation regarding "Highway 3 and Highway 19 Intersection Improvements".
File: A16
(e) Museums Bayham minutes of meeting held April 10, 2013.
File: C06
(0 Bayham Harbourfront Committee minutes of meeting held April 9, 2013.
File: C06
Page 3 of 12
Council Minutes May 02, 2013
(g) Copy of correspondence from Municipality of Bluewater to Honourable Kathleen
Wynne regarding "Motion to support the Township of Wainfleet Declaring they are
Not a Willing Host for Wind Turbine Development."
File: C10
(h) Correspondence dated April 23, 2013 from Spina Bifida &Hydrocephalus Association
of Ontario regarding "Spina Bifida and Hydrocephalus Awareness Month".
File: C13
(i) Copy of correspondence from South Central Ontario Region Economic Development
Corporation to County of Elgin regarding "Annual Membership ".
File: F l i
Deputy Mayor Evanitski questioned Mayor Ens why the County has withdrawn its
support for SCOR which impacts economic development including a project in Bayham.
Mayor Ens noted that escalating costs were a contributing factor. The County prefers to
put funds toward economic development projects in West Elgin similar to what has been
done in east Elgin.
(j) Correspondence dated April 12, 2013 from Ministry of Finance regarding "2010
Ontario Municipal Partnership Fund".
File: F i l
(k) Brochure regarding "Doors Open Ontario 2013".
File: R00
(1) Bayham Community Centres Committee draft minutes of meeting held April 25, 2013.
File: C06
(m) Survey of Police Personnel Staffing and Costing for services in Ontario.
File: P17
(n) Correspondence received from Blue Imp Recreational Products regarding "Wee Play
Contest".
File: Fl i
(o) Joint Cemetery Board Meeting minutes of meeting held Tuesday, April 23, 2013.
File: C06
2013-204
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT information items 5(a) through 5(o) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
None
2. PUBLIC MEETING
Page 4 of 12
Council Minutes May 02, 2013
2013-205
Moved by Councillor 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
7:45 p.m. (Delayed due to delegation) - Port Burwell Non-Profit Housing Rezoning -to
consider a rezoning amendment application proposing to change the zoning of a parcel
of land from the Village Residential (RI) Zone to the Village Residential (R2) Zone to
allow the applicant to construct a parking lot to be used in association with a non-profit
housing corporation, which exists on the remaining portion of the subject lands
submitted by Port Burwell Non-Profit Housing Corporation.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
STAFF PRESENTATION
Staff Report D2013-016 regarding Port Burwell Non-Profit Housing Rezoning.
File: D14.PBNP
In the absence of the Planning Co-ordinator, the Administrator presented the report. He
noted that a site-specific R1 zoning is more appropriate than the R2 initially requested.
It was noted that the site plan was reviewed by staff and the planner, and they are
satisfied with it.
PUBLIC COMMENTS
There were no written comments or concerns from the public.
COUNCIL COMMENTS
Deputy Mayor Evanitski thanked the applicant for being pro-active in creating additional
parking spaces.
ADJOURNMENT
2013-206
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Public Meeting be adjourned at 7:50 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
Page 5 of 12
Council Minutes May 02, 2013
2013-207
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the zoning of the parcel described as Plan 12 Lot 23 11R3168 Part 1, owned
by the Port Burwell Non-Profit Housing Corporation, be changed from Village
Residential(RI) to site-specific Village Residential (R1-10);
AND THAT Zoning By-law Z618-2013 be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE
(a) Staff Report DR2013-006 regarding Petition for Drainage from Brent Stewart.
File: E09
Drainage superintendent Bill Knifton noted that the applicant is required to provide
adequate drainage for the new lots created to the south. The ravine will provide a natural
outlet.
2013-208
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council of the Municipality of Bayham acknowledges the filing with the
Clerk, on April 18, 2013, of the Petition for drainage works by Brent Stewart;
THAT Staff Report DR2013-006 regarding the petition for drainage works 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
(b) Correspondence dated December 12, 2012 from Robert Lozon, Chairman Canada Day
Celebrations, Port Burwell Historical Society requesting permission to hold Canada
Day parade in Port Burwell July 1, 2013.
File: T09
2013-209
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT correspondence from Robert Lozon, Chair of Canada Day Celebrations,
Port Burwell Historical Society be received;
THAT municipal streets in Port Burwell be used for a Canada Day Parade on July
1, 2013 beginning at the Legion at 11:00 a.m.;
THAT the Municipality hereby requests permission from the County of Elgin to use
Wellington Street from Elizabeth Street west to Robinson Street;
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Council Minutes May 02, 2013
AND THAT the Bayham Public Works Manager take the necessary precautions for
traffic control, safety and signage requirements."
CARRIED UNANIMOUSLY
(c) Event Road Closure Request Form from Straffordville Community Committee
regarding "Watermelon Fest".
File: T09
2013-210
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"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;
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 Bayham
Community Centre on Saturday, August 24, 2013 between 9:30 and 11:00 a.m.
during the Parade in Straffordville;
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
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
None
9. FINANCE, ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#014341 to Cheque#014413 inclusive, except Cheques
#014278, #014374 and#014409 totaling$143,810.46 and Payroll Disbursements for
the period ending April 14, 2013, 2013 totaling $56,718.03.
2013-211
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
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Council Minutes May 02, 2013
"THAT Cheque Register being Cheque#014341 to Cheque#014413 inclusive,
except Cheques #014278, #014374 and #014409, totaling $143,810.46 and Payroll
Disbursements for the period ending April 14, 2013, 2013 totaling $56,718.03 be
approved."
CARRIED UNANIMOUSLY
(b) Request from the Port Burwell Lakers Men's Fastball team for support.
File: C13
It was suggested that the group be requested to complete and submit a municipal
assistance application form.
2013-212
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council supports the Port Burwell Lakers request in the amount of$250."
CARRIED UNANIMOUSLY
(c) Correspondence dated April 19, 2013 from Project Ojibwa requesting permission for
the Snow Birds to participate in a flyby in Port Burwell between June 27 - 30, 2013
2013-213
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Council of the Municipality of Bayham supports the request from the
Elgin Military Museum to permit the Royal Canadian Air Force "Snowbirds" to
conduct a flyby, over the Port Burwell harbour area, as low as 500 feet, to salute the
HMCS Ojibwa submarine between June 27th and 30th, 2013."
CARRIED UNANIMOUSLY
(d) Request from Otter Valley Naturalists regarding booking of Vienna Community
Centre.
File: C13
2013-214
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Otter Valley Naturalists be permitted to use the Vienna Community
Centre for regular meetings on the 2nd Monday of the month from 6:30 p.m. to
9:30 p.m.,beginning September 9, 2013 under the Policy for Use and Fee Waivers
for Community Centres;
THAT the group be required to make the necessary arrangements with the hall
Manager;
AND THAT the group complete and submit an Application for Municipal
Assistance."
CARRIED UNANIMOUSLY
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Council Minutes May 02, 2013
(e) Proposal dated April 25, 2013 from Interpretive Centre Committee regarding "2013
Centre Use and Staffing Proposal".
File: D06
The Administrator noted that the Wind Interpretive Committee and Erie Shores Wind
Farm would like to see the Centre remain open for 2013. Erie Shores is willing to provide
student staffing for Saturdays and holiday Mondays during July and August.
A$1,500 donation is available to cover other costs. A simple agreement will be drafted to
allow the Erie Shores Wind Farm to provide the staffing.
The Committee will hold a work bee to freshen up the site.
2013-215
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council supports Option 1 of the Proposal dated April 25, 2013 from the
Interpretive Centre Committee;
AND THAT the building be assessed at the end of the 2013 summer season."
CARRIED
(f) Staff Report PR 2013-04 regarding Harbour Facilities 2013 - RFP Results.
File: L04
The Administrator advised that no proposals were received, however, Mr. Bradfield is
willing to renew the agreement at the same rate as previous year.
2013-216
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Municipality enter into an agreement with Ron Bradfield, Bradcranex
Inc. to operate the municipal Black Docks, boat launch, and finger docks for 2013;
AND THAT staff be authorized to prepare the necessary agreement for Council's
consideration."
CARRIED UNANIMOUSLY
(g) Staff Report F2013-07 regarding Recycling Council of Ontario.
File: F11
2013-217
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT By-Law 2013-042, being a by-law to authorize the execution of an
agreement between the Municipality of Bayham and the Recycling Council of
Ontario, for the provision of Phase 2 funding towards the management of selected
household hazardous wastes, be presented to Council for enactment."
CARRIED UNANIMOUSLY
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Council Minutes May 02, 2013
(h) Correspondence dated April 29, 2013 from Trinity Anglican Church requesting
permission to use the Memorial Park in Port Burwell.
File: C13
2013-218
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the correspondence dated April 29, 2013 from Trinity Anglican Church be
received;
AND THAT permission be granted to use the Memorial Park in Port Burwell on
Saturday,July 20, 2013 between 5:30 p.m. and 9:30 p.m. subject to:
• provision of proof of liability insurance coverage naming the Municipality of
Bayham as an additional insured, in the minimum amount of$2 million and;
• clean up and repair of any damage to the park area be the responsibility of the
organizers."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Staff Report E2013-002 regarding Purchase of water treatment equipment for the
Richmond Community Water System.
File: E08
The Water/Wastewater Superintendent advised that only one of the RFP received met the
criteria for the equipment required and the total equipment pricing comes to $105,052.35
excluding HST. This is $24,000 less than the original estimate and 66%will be funded
through the OSWAP grant. The supplier is to provide warranty and spare replacement
parts.
He added that the estimated cost of installation,including retrofit, commissioning and
fencing is between $75,000 and $100,000.
2013-219
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"That Staff Report E2013-02 regarding the purchase of water treatment equipment
for the Richmond Community Water System be received;
AND THAT staff be directed to purchase the water treatment equipment for the
Richmond Community Water System as recommended by Stantec Consulting Ltd
as follows:
1. Metcon Sales and Engineering Ltd. ($71,200.00), excl. HST;
2. Interpump Supply ($19,025.81), excl. HST; and
3. Nevtro Sales (2004) Ltd. ($14,826.54), excl. HST."
CARRIED UNANIMOUSLY
Page 10 of 12
Council Minutes May 02,2013
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2013-220
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 8:55 p.m. to discuss:
• the security of the property of the municipality or local board;
• labour relations or employee negotiations."
CARRIED UNANIMOUSLY
(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.
2013-221
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the "In Camera" session
at 9:57 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law Z618-2013 A By-law to further amend By-Law Z456-2003 (Port Burwell
Non-Profit Housing Corporation)
(b) By-Law 2013-042 A By-Law to authorize the execution of an Agreement (Recycling
Council of Ontario)
2013-222
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT By-Laws Z618-2013 and 2013-042 be read a first, second and third time
and finally passed."
CARRIED UNANIMOUSLY
(c) By-Law 2013-044 A By-Law to confirm all actions of Council
2013-223
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"That confirming By-Law 2013-044 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
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Council Minutes May 02, 2013
13. ADJOURNMENT
(a) Adjournment
2013-224
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the Council meeting be adjourned at 10:00 p.m."
CARRIED UNANIMOUSLY
:26e/A;
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MA OR CLE
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