HomeMy WebLinkAboutJune 20, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
June 20,2013
7:00 PM
7:30 p.m. -Public Meeting—Planning(Rezoning)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, June
20,2013 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.
Treasurer David Aristone, Planning Coordinator/Deputy Clerk Margaret Underhill, Fire Chief/
By-Law Enforcement Officer Gord Roesch and Chief Building Official/Drainage
Superintendent Bill Knifton 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
Councillor Southwick disclosed a pecuniary interest in Item 9(b) as he receives revenue from
a nearby gas well,owned by Magnum, 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 June 6,2013.
2013-262
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the minutes of the regular meeting held June 6,2013 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. - Robert Foster,Partner Graham Scott Enns regarding 2012 year-end
fmancial statements.
Mr. Foster reminded Council that the 2012 consolidated statements,based on the new
standards,remain in draft form until approved by Council. He reviewed the Assets,
Revenues and Expenses, changes in Net Financial Assets, Cash Flows,Taxes Receivable,
Page 1 of 11
Council Minutes June 20, 2013
Tangible Capital Assets,Accumulated Surplus,Contingent Liabilities based on the
guaranteed debt of the Elgin Military Museum and the Schedule of Tangible Capital
Assets.
2013-263
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Consolidated Financial Statements for the Corporation of the
Municipality of Bayham for the year ending December 31,2012 be approved as
submitted by Graham Scott Enns,Chartered Accountants."
CARRIED UNANIMOUSLY
(b) 8:00 p.m. - Mike Timmermans, Ray Ormerod of St. John's Ambulance and Kurds
Verella regarding Notice of application for Exemption from Bayham By-Law#2001-
57 to regulate and control noises.
Mr. Timmermans noted that he wants to support the St. John's Ambulance organization
by holding a fundraiser over the Saturday and Sunday of the Canada Day week-end and
requested an exemption from the noise-by-law until 2:00 a.m. the following days. He
responded to Council questions and confirmed that all charges from 2011 have been dealt
with. Although he had By-law Enforcement officers on site last year and experienced no
problems, complaints were still made.
Concerns were raised that the ability of the operator to control the large target audiences
that attend the activities offered at Outback Camping, is highly unlikely.
2. STATEMENTS BY COUNCIL
None
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
The Administrator advised that the tender documents have been issued for the treatment
system upgrade and that a report from staff is expected for the next meeting to
recommend a contractor to complete the work. M.O.E. approvals are still pending.
(b) Harbour Divestiture
There was no update available.
5. INFORMATION ITEMS
(a) Correspondence received June 13, 2013 from Ministry of Municipal Affairs and
Housing regarding "Ontario Independent Fact-Finding Panel on Herbicide 2,4,5-T".
File: A16
(b) Correspondence dated May 31, 2013 from Leanne Jennings, Ministry of Natural
Resources regarding "Species at Risk".
File: A16
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Council Minutes June 20,2013
Mayor Ens highlighted the potential for extensive implications to local property owners
and the Municipality regarding Fowler's Toad and Laura's Clubtail,protected "Species
at Risk"under the Endangered Species Act. Restricted areas affected include irrigation
ponds, sandy Lake Erie dunes and beaches, creek, pond and stream beds and banks for
distances of 200 to 700 meters(estimated to be up to 5 acres),mainly between May and
October.
(c) Media Release dated May 28,2013 from City of Orillia regarding "City and OPP at an
Impasse".
File: A16
Councillor Southwick noted that he had forwarded information from the City of Orillia to
Council members and staff regarding how that City is attempting to deal with proposed
OPP service cost increases in 2014.
(d) Bayham Harbourfront Committee minutes of meeting held May 14,2013.
File: C06
(e) Copy of correspondence from The Town of Petrolia to Premier Kathleen Wynne
regarding "Motion of Not a Willing Host Community for IWT projects".
File: C10
(f) Correspondence dated May 29,2013 from Municipality of South Bruce to Premier
Kathleen Wynne regarding "Motion of Not a Willing Host for Wind Turbine
Development".
File: Cl 0
(g) Committee of Adjustment Certified Notice of Decision regarding "39 &41 Robinson
Street, Port Burwell".
File: D13
(h) Correspondence dated May 30, 2013 from Ontario Heritage Trust regarding "2013
Recognition Programs".
File: M02
Mayor Ens requested that staff forward this item to the Museums Bayham Board and
Historical Society.
(i) Copy of correspondence dated June 5,2013 from Ministry of Infrastructure to The
Town of Tillsonburg regarding "Highway 3 and Vienna Road".
File: T04
2013-264
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT information items 5(a)through 5(i)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS None.
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Council Minutes June 20, 2013
2. PUBLIC MEETING
2013-265
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
7:30 p.m. - Straffordville Evangelical Mennonite Church Rezoning-to consider a
rezoning application proposing to change the zoning on a parcel of land from the
Village Residential [R1(h)]Zone with a holding provision to the Institutional(I)Zone
to accommodate the construction of a church submitted by the Straffordville
Evangelical Mennonite Church.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
STAFF PRESENTATION
Staff Report D2013-022 regarding Straffordville Evangelical Mennonite Church.
File: D14.SEMC
The Planning Co-ordinator noted that approval of the rezoning to the Institutional
designation will accommodate the construction of a church. Once lot layout and design
plans are fmalized and before any development, a site-plan agreement application will be
submitted to the Municipality for approval.
PUBLIC COMMENTS
She noted that no public comments or written concerns have been received.
COUNCIL COMMENTS AND QUESTIONS
None.
ADJOURNMENT
2013-266
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Public Meeting be adjourned at 7:35 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2013-267
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
Page 4 of 11
Council Minutes June 20, 2013
"THAT the zoning of the lot located at 55748 Third Street,owned by Straffordville
Evangelical Mennonite Church,be changed from Village Residential-Holding
[R1(h)] to Institutional(I);
AND THAT Zoning By-law Z619-2013 be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS.AGRICULTURE & DRAINAGE
(a) Correspondence dated May 23, 2013 from Dorothy Hendrick regarding "Elm Street
Snow Removal".
File: C13
2013-268
Moved by Councilor E Ketchabaw
Seconded by Councillor W Casier
"THAT correspondence dated May 21,2013 from Dorothy Hendrick regarding
Elm Street Snow Removal be received"
CARRIED UNANIMOUSLY
(b) Staff Report DR2013-008 regarding Municipal Drainage Problem.
File: E09
The Drainage Inspector noted that a Municipal Drain is required to address the significant
water run-off from the Provincial Park,crossing the Firehall, Soccer Field and Spicer
properties to outlet in the nearby ravine.
2013-269
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report DR2013-008 regarding Municipal Drainage Problem be
received;
AND THAT Council directs Staff to sign a petition for drainage under the Drainage
Act so that proper drainage of the properties affected can be achieved."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Staff Memorandum regarding Vienna Community Centre Basement Wall Finishes.
File: A 19
2013-270
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council accepts the quote to remove and dispose of the existing paneling
and to install 1/2 inch drywall,tape,prime and paint,in the basement area of the
Vienna Community Centre submitted by Paul's Drywalling,in the amount of
$2,599,including HST,subject to the contractor providing a certificate of
insurance,naming the Municipality of Bayham as an additional insured,in the
minimum amount of$2,000,000."
CARRIED UNANIMOUSLY
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Council Minutes June 20,2013
(b) Notice of application for Exemption from Bayham By-Law#2001-57(to regulate and
control noises) and relating correspondence.
File: C13
2013-271
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Notice of application for Exemption from Bayham By-law#2001-057 to
regulate and control noises be received;
AND THAT Council does not support the request from Kurtis Verellan for an
exemption from the noise by-law."
CARRIED
(c) Staff Report P2013-003 regarding 2013 Canine Control/Lawn Maintenance.
File: P01
The By-law Enforcement Officer noted that only the one submission from Rodger Martin
(Lobo Pines Kennel)was received in response to the RFP for Canine Control services
advertised locally. Council raised concerns regarding the monthly retainer fee and lack of
interest. It was noted that Mr. Martin is available on call and has held the same rate for a
number of years.
Two submissions of comparable value were received for Yard Maintenance.
2013-272
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT staff report#P2013-003 regarding Canine Control and Yard Maintenance
Services Contracts be received;
THAT Council accepts the proposal submitted by Rodger Martin for Canine
Control/Pound Keeper Services;
THAT Council accepts the proposal submitted by Wilson's Lawn Care/Landscape
Service for Yard Maintenance Services;
AND THAT By-law 2013-057 being a by-law to authorize the Mayor and Clerk to
execute a contract agreement with Rodger Martin for Canine Control/Pound
Keeper Services and By-law 2013-058 being a by-law to authorize the Mayor and
Clerk to execute a contract agreement with Wilson's Lawn Care/Landscape
Service be presented to Council for enactment."
CARRIED UNANIMOUSLY
(d) Staff Report P2013-004 regarding Fire and Emergency Services 2013 Semi-Annual
Report.
File: P16
The Fire Chief noted that having the Ambulance and Paramedic dispatched from the
Straffordville fire station during weekdays has reduced the number of firefighter and
vehicle responses.
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Council Minutes June 20, 2013
He reported that there has been good participation in fire training and that Bayham has
eight new firefighter recruits.
Deficient air monitoring equipment for firefighters has been replaced, as well as fire
hoses that no longer meet required standards. He recommended that pro-active
inspections under the Fire Code be introduced in 2014.
The Fire Chief also requested that Council budget$10,000 in 2014 to develop a water
shuttle service which would require installation of a dry hydrant in suitable irrigation
ponds for certification as year round water sources.
He noted there may be opportunity to generate revenue by using the new fire station as a
training centre.
2013-273
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report P2013-004 regarding the 2013 Semi Annual Report for the
Bayham Fire and Emergency Services be received for information."
CARRIED UNANIMOUSLY
(e) Staff Report P2013-005 regarding Animal Control.
File: P01
As By-law Enforcement Officer, G. Roesch noted the issues with enforcement of the pre-
amalgamation existing Animal Control by-laws of the former Villages and Township. He
recommended utilizing the comprehensive Zoning By-law, currently under review for the
entire Municipality and rescinding the former Animal Control by-laws,rather than
authorize a new Animal Control by-law.
Staff was requested to bring the 2010 recommendations from the Animal Control By-law
Review Committee established in 2009 to Council for discussion at the next meeting.
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#014670 to Cheque#014796 inclusive,totaling
$220,381.26 and Payroll Disbursements for the period ending June 9,2013 totaling
$63,460.51.
2013-274
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Cheque Register being Cheque#014670 to Cheque#014796 inclusive
totaling$220,381.26 and Payroll Disbursements for the period ending June 9,2013
totaling$63,460.51 be approved."
CARRIED UNANIMOUSLY
(b) Staff Report F2013-14 regarding Late Penalty Charges.
File: F23
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Council Minutes June 20, 2013
2013-275
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the request of Magnum Gas Corp.to waive the penalty and interest on
their taxes be denied,as it fails to meet the criteria within the Municipal Act
outlined in Staff Report F2013-14."
CARRIED UNANIMOUSLY
(c) Staff Report F2013-15 regarding Asset Management Plan.
File: F00
The Treasurer noted that the recommended software to manage the financing strategy and
risk assessment functions of the asset plan proposal meets the needs of the Municipality
and will work with our current tax program. Discussions are underway with two
consulting firms for submissions to develop the written Asset Management Plan and a
recommendation will be presented at a future meeting.
2013-276
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the quote submitted by The Public Sector Digest Inc.,in the amount of
$27,500.00 plus HST,for the software programs Citywide Tangible Assets and
Citywide Capital Planning&Analysis be accepted."
CARRIED UNANIMOUSLY
(d) Memorandum regarding Beach Concession-Request for an additional building.
File: L04
2013-277
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the request from Valerie Donnell for an additional concession building at
the East beach area be granted."
CARRIED UNANIMOUSLY
(e) Correspondence received from Marion Rogers,representing Periscope Playhouse,
requesting use of the municipal sign.
File: C13
2013-278
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Council grants permission for the Port Burwell Periscope Playhouse to use
the Municipal sign as requested, subject to Municipal needs."
CARRIED UNANIMOUSLY
(0 Correspondence dated June 3, 2013 from Deb Travis,Recreation Society and Paul
Vyse, Optimist Club regarding Tub Daze.
File: R06
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Council Minutes June 20, 2013
2013-279
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Council approves use of the east beach by the Port Burwell/Otter Valley
Optimist for Tub Daze celebration activities to be held August 2,3 and 4,2013,
including a beer tent,subject to meeting the requirements of the Municipal Alcohol
Policy including a minimum of six(6) STP trained personnel and two(2) off-duty
Police Officers or equivalent being on site during all hours for which the beer tent is
open and dates listed on the Outdoor Special Occasion Permit Application,and also
subject to:
•the applicable municipal building permit,sign and/or tent permits be obtained
from the Chief Building Official and the necessary inspection undertaken;
•any required permit fees to be paid to the Municipality of Bayham,except for a
tent;
• providing the municipality with proof of certification for the pyrotechnician who
will be responsible for the fireworks;
•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 Event Notice;
THAT all other terms and conditions of the municipal rental agreement remain in
effect;
THAT the clean up of the east beach area and any costs thereof,be the
responsibility of the organizers;
THAT arrangements be made with the Manager of Public Works to provide staff
assistance for installation of fence assembly and removal,picnic tables,garbage
cans,9 portable washrooms and 2 wash stations;
THAT the Manager of Public Works make the necessary arrangements for traffic
control and safety;
AND THAT an exemption from By-Law 2001-057 be approved for Friday,August
2, from 12 noon until 11:00 p.m., Saturday,August 3,from 12 noon until midnight
and Sunday August 4,2013 from 12 noon until midnight, upon notification by the
group that the ad has been placed in the local newspaper as required."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
No items.
11. COMMITTEE OF THE WHOLE
No items.
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Council Minutes June 20,2013
12. BY-LAWS
(a) By-Law Z619-2013 A By-Law to further amend By-Law Z456-2003 (Straffordville
Evangelical Mennonite Church)
(b) By-Law 2013-057 A By-Law to authorize the execution of an agreement (Martin)
(c) By-law 2013-058 A By-Law to authorize the execution of an agreement (Wilson
Lawn Care)
(d) By-Law 2013-059 A By-Law to further amend By-Law 2012-029 (provision of
waste collection and recycling)
(e) By-Law 2013-060 A By-Law to authorize the execution of an agreement (Wind
Interpretive Centre) (as amended)
The Administrator advised that the draft agreement with Erie Shores Wind Farm to
provide student staffing for the Wind Interpretive Centre for week-end and holiday
Mondays throughout the summer may require some minor changes including the hold
harmless clause,based on the advice of their solicitor.
There was consensus that the agreement may to be amended, if/as necessary.
There were no concerns from Council. It is anticipated that the Centre will be open for
the Canada Day weekend.
2013-280
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Laws Z619-2013,2013-057,2013-058,2013-059 and 2013-060 as
amended be read a first,second and third time and finally passed."
CARRIED UNANIMOUSLY
(f) By-Law 2013-061 A By-Law to confirm all actions of Council
2013-281
Moved by Councilor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"That confirming By-Law 2013-061 be read a first,second and third time and
fmally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2013-282
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Council meeting be adjourned at 9:15 p.m."
CARRIED UNANIMOUSLY
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Council Minutes June 20,2013
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MA OR CLERK
Page 11 of 11