HomeMy WebLinkAboutJune 06, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
June 6, 2013
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, June
6, 2013 in the Council Chambers. Present were Deputy Mayor Cliff Evanitski, Councillors
Wayne Casier, Tom Southwick and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda
Millard. Mayor Paul Ens was absent.
Planning Co-ordinator/Deputy Clerk Margaret Underhill, was in attendance to present her
reports.
1. CALL TO ORDER
In the absence of Mayor Ens, Deputy Mayor Evanitski assumed the chair and 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 May 16, 2013.
Councillor Casier questioned the status of the gas pumps.
The Administrator advised that it is believed that the Public Works department will be able to
remove them in the near future.
2013-239
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held May 16, 2013 be approved as
circulated."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) Kimberly Ostrander delegation for the closed session regarding a personal matter
regarding an identifiable individual.
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Council Minutes June 06, 2013
2. STATEMENTS BY COUNCIL
Councillor Ketchabaw noted that a resident in Straffordville raised concerns to him regarding
traffic speed easterly on Third Street and the safety of children playing in that area.
Administrator Kruger responded that the O.P.P. would be advised and requested to take
appropriate action.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
The Administrator advised that M.O.E. approvals are pending and that tenders are to be issued
next week.
(b) Harbour Divestiture
The Administrator noted that there are issues with the Environmental Assessment report
availability and with the carryover of the project past the March 31st yearend of the Ministry,
5. INFORMATION ITEMS
(a) Flyer received regarding "Bridges Out of Poverty Workshop".
File: A01
(b) Correspondence received from Aylmer &Area Chamber of Commerce regarding
"Member Involvement Opportunity".
File: A01
(c) Flyer received regarding "Ontario Family Fishing Events".
File: A01
(d) Correspondence dated May 2013 from Thames Valley District School Board regarding
"2013 Director's Annual Report".
File: A16
(e) Correspondence dated May 30, 2013 from Minister of Energy regarding "Stronger
Municipal Voice in Renewable Energy Development".
File: A16
(f) Correspondence dated May 8, 2013 from North Middlesex to Premier Kathleen Wynne
regarding "Motion of Not a Willing Host Community for IWT Projects".
File: C10
(g) Correspondence from Elgin Military Museum Project Ojibwa regarding "Report to
Bayham April 2013".
File: D06
(h) Committee of Adjustment Decision regarding "53363 Talbot Line".
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Council Minutes June 06, 2013
File: D13
(1) Correspondence dated May 16, 2013 from Norton Rose Canada LLP, Barristers &
Solicitors regarding "Natural Resource Gas Limited".
File: E06
0) Correspondence dated May 15, 2013 from Long Point Region Conservation Authority
regarding "Financial Statements for the period ending December 31, 2012".
File: F10
(k) Correspondence dated May 2013 from Port Burwell Lakers Fastball regarding
"Donation".
File: F l l
(1) Elgin County OPP 2013 Business Plan.
File: P17
2013-240
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT information items 5(a) through 5 (1) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a) Staff Report D2013-020 regarding Morse Consent Application E32/13.
File: D10.13 Morse
2013-241
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Council recommends to the Elgin County Land Division Committee that
Consent Application E32/13, submitted by Winnifred Morse, be granted subject to
the following 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
4. Three (3) Metre Easement for the existing municipal water main located on the
east side of all properties subject to this application."
CARRIED UNANIMOUSLY
(b) Staff Report D2013-021 regarding Breedon Consents E33/13 & E35/13.
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Council Minutes June 06, 2013
File: D10.13 Breedon
Councillor Ketchabaw raised concerns about placing conditions on the severances to ensure that
once the lots are created, any potential purchaser is made aware that the lots are in close
proximity to a livestock operation and will require special measures to minimize the effects of
foul odors that may be generated by the operations.
2013-242
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Council recommend to the Elgin County Land Division Committee that
Consent Applications E34/13 and E35/13,submitted by Brian and Theresa Breedon,
be granted subject to following conditions:
1. municipal drain
2. municipal lot assessment
3. water quantity testing meeting the provincial standards for residential use
4. water quality testing report for nitrates and bacteria content meeting the
provincial standards for
residential use
5. grading plan
6. confirmed County of Elgin road access
7. rezoning to Remove the Holding provision
8. 8500 cash-in-lieu parkland dedication fee payable to the municipality for each lot
created
9. copy of the final survey be provided to the municipality
10. civic number signage
11. Planning Report Fee payable to the municipality
12. Subdivision agreement or similar covenant to acknowledge existence of
neighbouring livestock use."
CARRIED
7. ROADS, AGRICULTURE & DRAINAGE
(a) Staff Report PR2013-06 regarding Designation of Lands as Part of Road System - East
Street.
File: T05
Page 4 of 11
Council Minutes June 06, 2013
2013-243
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT By-law No. 2013-051,being a By-law to assume and establish lands in the
Municipality of Bayham as part of the open public highway system, being Part 3 of
Registered Plan 11R7889 (East Street) be presented to Council for enactment."
CARRIED UNANIMOUSLY
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
9. FINANCE, ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#014532 to Cheque#014669 inclusive totaling
$262,394.23 and Payroll Disbursements for the period ending May 12 &May 26, 2013
totaling$53,174.62 & $109,420.49 respectively.
2013-244
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Cheque Register being Cheque#014532 to Cheque #014669 inclusive
totaling $262,394.23 and Payroll Disbursements for the period ending May 12 &
May 26, 2013 totaling $53,174.62 & $109,420.49 respectively, be approved.".
CARRIED UNANIMOUSLY
(b) Correspondence dated May 21, 2013 from Municipality of Central Elgin, City of St.
Thomas, Select Field Sports and Recreation Committee regarding "Letter of Support
Request".
File: A16
2013-245
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council of the Municipality of Bayham supports in principle only the
future development of a large scale sports and recreation facility in Elgin County."
CARRIED
(c) Correspondence dated May 14, 2013 from Ontario Early Years Centre - Elgin
Middlesex London regarding "Summer Park Program".
File: C13
Page 5 of 11
Council Minutes June 06, 2013
2013-246
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the correspondence dated May 14, 2013 submitted by Carolyn Zwicker on
behalf of the Ontario Early Years Centre Elgin-Middlesex-London be received;
AND THAT Council supports the request for permission to use green space in the
Straffordville Community Park on Friday mornings from 9:30 a.m. - 11:30 a.m. for
the period from July 5 -August 23, 2013, subject to proof of liability insurance
coverage, naming the Municipality of Bayham as an additional insured,in the
minimum amount of$2,000,000;
AND THAT the cleanup of the area be the responsibility of the organizers."
CARRIED UNANIMOUSLY
(d) Correspondence dated May 31, 2013 from Heather Ross regarding "Yoga Classes on
the East Beach".
File: C13
2013-247
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT correspondence dated May 31, 2013 from Heather Ross be received;
AND THAT Council supports the request for permission to offer yoga classes on the
East beach in Port Burwell beginning June 23, 2013 at 11 a.m., subject to proof of
liability insurance coverage, naming the Municipality of Bayham as an additional
insured, in the amount of$2,000,000;
AND THAT the cleanup of the area be the responsibility of the users."
CARRIED UNANIMOUSLY
(e) Staff Report PW2013-06 regarding Surplus Equipment 2013.
File: F06
The Administrator noted that unbudgeted revenue from the sale of excess Public Works
equipment and furniture from the former medical building can be placed in reserves at the
direction of Council.
2013-248
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the surplus equipment and furniture as listed in Staff Report PW2013-06
be advertised for sale in a local newspaper and in an on-line classified
advertisement;
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Council Minutes June 06, 2013
AND THAT there be one day set aside for the viewing of these items by
appointment."
CARRIED UNANIMOUSLY
(f) Memorandum C2013-04 regarding "Len Froese Agreement".
File: L04
2013-249
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT By-Law 2013-048, being a by-law to transfer the cemetery care services
agreement to Bill Froese 0/A Pro Grass, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(g) Correspondence dated May 21, 2013 from Frank Cowan Company Ltd. regarding "the
future crisis in Municipal Insurance".
File: L06
2013-250
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Council of the Municipality of Bayham agrees with concerns raised by
Bryce Sibbick, Regional Manager, Frank Cowan Company Ltd., in regard to the
crisis in Municipal Insurance costs in Ontario, due in part to the significant
Court imposed awards in claims against a municipality where it is deemed
disproportionately at fault;
AND THAT a copy of the correspondence from Mr. Sibbick and this resolution be
sent to the Ministry of the Attorney General, Minister of Municipal Affairs
and Housing, the Association of Municipalities of Ontario and the local MPP for
consideration and appropriate action."
CARRIED UNANIMOUSLY
(h) Staff Report PR2013-05 regarding Real Estate Services.
File: L14
2013-251
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the Municipality extend the current listing agreements with Chris DeClark,
Century 21, for an additional one year."
CARRIED UNANIMOUSLY
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Council Minutes June 06, 2013
(i) Memo regarding Elgin Economic Development Advisory Group (EEDAG).
File: A16
2013-252
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Municipality of Bayham supports staff participation in the new Elgin
Economic Development Advisory Group;
AND THAT Kyle Kruger,Administrator, serve on this Committee."
CARRIED
(1) Memorandum regarding Cemeteries by-laws Amendments.
File: S09
2013-253
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT a maximum of two cremation burials be permitted in a 3' x 3' cremation
lot;
THAT the purchase price of a cremation lot, permitting one cremation burial be
$300,with $150 to Interment Rights and $150 to Care & Maintenance Fund;
THAT the fee for each additional interment in any lot remain at $300, subject to
proper authorization and completion of appropriate documents;
THAT one flat marker only, at a maximum size of 24" x 14", or less, be permitted
on a cremation lot,placed flush with the ground, on top of a 12" diameter post hole
filled with a minimum depth of three (3) feet of concrete;
THAT By-law 2013-053, being a by-law to amend By-law 2012-066,be presented to
Council for approval;
THAT By-law 2013-055, being a by-law to amend Cemetery Tariffs and Fees By-law
2012-067, be presented to Council for enactment;
AND THAT staff take the necessary actions and submit the necessary documents to
the Registrar, Ministry of Consumer Services, Consumer Protection Branch,
Cemetery and Crematorium Regulation Unit for approval."
CARRIED UNANIMOUSLY
(k) Discussion regarding Harbour Dredging.
The Administrator advised that since staff have determined the water depth in the harbour area to
be four feet rather than the one foot reported, discussion of dredging is not required.
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Council Minutes June 06, 2013
10. ENVIRONMENT
(a) Staff Report E2013-03 regarding Waste Management Master Plan Implementation -
Bag Tags for 2014.
File: E07
2013-254
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the 2014 bag tag program be implemented as outlined in Report E2013-03;
AND THAT staff be authorized to draft the necessary by-law for Council
consideration."
CARRIED UNANIMOUSLY
(b) Staff Report E2013-04 regarding Waste Management Master Plan Implementation -
Composter Program.
File: E07
2013-255
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the Bayham backyard composter program provide the sale of composters
at a price of$15 for Bayham residents."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2013-256
Moved by Councillor T Southwick
Seconded by Councill W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 8:34 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."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held May 16, 2013.
(c) Confidential correspondence regarding the security of the property of the municipality
or local board. (Project Ojibwa)
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Council Minutes June 06, 2013
(d) Confidential matter regarding an identifiable individual.
(e) Out of Camera.
2013-257
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the Committee of the Whole do now rise from the "In Camera" session at
8:50 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2013-048 A By-Law to authorize the transfer of an agreement (Froese)
(b) By-Law 2013-050 A By-Law to further amend by-Law 2002-98 (Non-Union Policy)
(c) By-Law 2013-051 A By-Law to assume and establish lands in the Municipality of
Bayham as part of the open public highway system (East Street)
(d) By-Law 2013-053 A By-Law to further amend By-Law 2012-066 (maintenance,
management and control of Cemeteries)
(e) By-Law 2013-054 A By-Law to authorize a tax arrears extension agreement
2013-258
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-Law 2013-054, being a by-law to authorize the execution of a tax arrears
extension agreement, be added to the agenda."
CARRIED UNANIMOUSLY
(f) By-Law 2013-055 A By-Law to amend By-Law 2012-067(Cemetery Tariffs and
Fees)
2013-259
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-Laws 2013-048, 2013-050, 2013-051, 2013-053,2013-054 and 2013-055
be read a first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(g) By-Law 2013-056 A By-Law to confirm all actions of Council
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Council Minutes June 06, 2013
2013-260
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT confirming By-Law 2013-056 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2013-261
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council meeting be adjourned at 8:52 p.m."
CARRIED UNANIMOUSLY
MAYOR CLERK
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