HomeMy WebLinkAboutJuly 04, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
July 4, 2013
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, July 4,
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.
Planning Coordinator/Deputy Clerk Margaret Underhill, Chief Building Official/Drainage
Superintendent Bill Knifton and Water Wastewater Manager 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 June 20, 2013.
2013-283
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held June 20, 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. - Petrusia Hontar and Alfredo Marroquin from St. Thomas - Elgin Local
Immigration Partnership regarding update on their work.
Shelley Harris advised that Mr. Alfredo Marroquin was unable to attend due to illness. An
information package was handed out to Council members. Ms Harris noted that the St. Thomas-
Elgin Local Immigration Partnership was established in 2011, with funding from Citizenship and
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Council Minutes July 04, 2013
Immigration Canada through the St. Thomas YWC, to provide assistance and support for the
integration of newcomers in the area. Identified priorities include employment and labour
market access, settlement and integration, language, ESL and communication,public awareness
and co-ordination of services.
Ms. Hontar noted achievements include the establishment of the St. Thomas/Elgin Integration
Partnership (ST-FLIP) Council, facilitated discussions on immigration, integration and
settlement of newcomers,building community relationships, gathering research and information
to identify and strengthen the local capacity to provide newcomer services and development, a 3-
year Settlement Strategy and Annual Action Plans launched through a community forum.
It was noted that the annual immigration related increase in Elgin is approximately 2%per year.
(b) 7:20 p.m. -Margot Auger regarding chickens within residential communities.
Ms. Auger noted that in 2010 this area had been chosen for her retirement living and voiced
concerns arising in 2011 when chickens appeared in her Vienna neighbourhood. She requested
that Council establish and enforce restrictions on chickens in urban areas.
2. STATEMENTS BY COUNCIL
Mayor Ens read a Notice of Public Meeting regarding the Port Burwell Waterfront Master Plan
to be held Wednesday, July 17th at 7:00 p.m. in Council Chambers. The draft documents are
available for review at the municipal office and on the Bayham website.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
The Administrator referred this to item 10(b).
(b) Harbour Divestiture
Staff was requested to pursue an update from the DFO Small Craft Harbours.
5. INFORMATION ITEMS
(a) Correspondence dated June 24, 2013 from Ontario Urban Forest Council regarding
"Emerald Ash Borer".
File: A01
(b) Bayham Harbourfront Committee minutes of meeting held June 11, 2013.
File: C06
(c) Museums Bayham minutes of meeting held June 12, 2013.
File: C06
(d) Copy of correspondence dated June 13, 2013 from Clearview Township to Premier
Kathleen Wynne regarding "Motion of Not a Willing Host Community for Industrial
Wind Turbine Projects".
File: C10
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Council Minutes July 04, 2013
(e) Correspondence dated June 17, 2013 from Jamie Kent regarding "Continuation of the
FIT program and Sustainable energy and conservation opportunities".
File: E06FIT
Councillor Southwick suggested and it was agreed that staff pursue discussion with Central
Elgin, Malahide and Jamie Kent regarding joint submission(s)under the FIT program.
(f) Correspondence dated June 17, 2013 from Township of South-West Oxford regarding
"Fire Chief/CEMC services".
File: L04
(g) Correspondence dated June 26, 2013 from Ontario Provincial Police regarding
"Aggressive Driving Hot on Radar this Canada Day" and "Operation Freeze 2013".
File: M06
(h) Correspondence dated June 28, 2013 from Association of Municipalities of Ontario
regarding "AMO Breaking News -Policing Update".
File: A01
(i) Bayham Community Centres Committee minutes of meeting held June 27, 2013.
File: C06
2013-284
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT information items 5(a) through 5(i) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT,RECREATION & TOURISM
(a) Correspondence received June 26, 2013 from Teresa Pressey requesting exemption
from fee for an amendment to the zoning by-law.
File: C13
Theresa Pressey was in attendance and responded to questions from Council regarding her
request.
2013-285
Moved by Councillor T Southwick
Seconded by Deputy Mayor C.Evanitski
"THAT the request from Teresa Pressey for an exemption from the fee for an
amendment to the zoning by-law be received for information."
CARRIED UNANIMOUSLY
(b) Staff Memorandum D2013-03 regarding Dundee Energy Site Plan Agreement.
File: L04
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Council Minutes July 04, 2013
The Planning Co-ordinator advised that the accuracy of ownership information and signing
authority in the previous site plan agreement was incorrect and could not be registered. She
noted that no other changes were made to the Agreement.
2013-286
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-Law 2013-065, being a by-law to authorize the execution of a site plan
agreement between Dundee Oil and Gas Limited and the Municipality of Bayham,
be presented for enactment."
CARRIED UNANIMOUSLY
(c) Staff Memorandum D2013-04 regarding Soreny Farms Limited Development
Agreement.
File: L04
The Planning Co-ordinator provided a layout map identifying the property under discussion.
Councillor Casier noted that Mr. Szorenyi had contacted him questioning the need for
construction of a sidewalk along the four lots being created.
Staff noted that a development agreement is one of the conditions for approval of the severance
applications to create the four new lots. The content of the agreement is determined by Council,
based on concerns to be addressed.
Staff added that Council approved a report in July 2012 recommending the requirement to install
a sidewalk be included in the development agreement. Staff also noted that all recommended
conditions of severance were forwarded to the Land Division Committee for their
consideration. The development agreement ensures that the applicant undertakes and completes
the works.
2013-287
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Council supports the draft Development Agreement with Soreny Farms
Limited as prepared by staff."
CARRIED
7. ROADS,AGRICULTURE & DRAINAGE
(a) Staff Report PW2013-09 regarding Roads Needs Study 2013.
File: L04
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Council Minutes July 04, 2013
2013-288
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report PW2013-09 be received;
AND THAT Council accepts the proposal submitted by Spriet Associates to conduct
the Roads Needs Study in the amount of$28,000."
CARRIED UNANIMOUSLY
(b) Staff Report PW2013-10 regarding Microsurfacing Best Line 2013.
File: L04
2013-289
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT Council accepts the bid submitted by Duncor Enterprises Inc. to apply
Micocrosurfacing to Best Line at a cost of$55,481.25, subject to the provision of a
certificate of insurance naming the Municipality of Bayham as an additional
insured,in the minimum amount of$2 million, and a current certificate of clearance
from WSIB."
CARRIED UNANIMOUSLY
(c) Staff Report DR2013-009 regarding Corinth Drain Improvements.
File: E09
The Drainage Superintendent advised that he and the Engineer met with residents and they wish
to proceed.
2013-290
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT Staff Report DR2013-009 be received;
AND THAT Council wishes to proceed with Corinth Drain improvements and
appoints Spriet Associates, Engineers, to prepare a report on the proposed drainage
area pursuant to Section 78 of the Drainage Act, for Council's consideration."
CARRIED UNANIMOUSLY
(d) Staff Report DR2013-010 regarding Petition for Drainage from Municipality of
Bayham.
File: E09
Council members questioned if the drainage issues should have been foreseen by the engineer
when the new fire hall was being built.
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Council Minutes July 04, 2013
2013-291
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Council of the Municipality of Bayham acknowledges the filing with the
Clerk of the Petition for drainage works by the Municipality of Bayham.
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(1) of the Drainage Act,for Council's consideration."
CARRIED UNANIMOUSLY
8. PROPERTY, BUILDING & PROTECTIVE SERVICES
(a) Memorandum regarding Animal Control Background.
File: P16
At the previous meeting, staff recommended that the existing animal control by-laws be repealed
and the comprehensive zoning by-law be used to enforce animal complaints based on permitted
land use. Property owners would be required to show that the use was pre-existing at the time of
passage of the zoning by-law in 2003 and deemed to be legal non-conforming.
Adopting an amended animal control by-law as recommended in 2010 by the review committee
may conflict with the zoning by-law, however Staff pointed out that Council can establish
conditions and parameters under the Municipal Act.
2013-292
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT the Memo regarding animal control background information be received;
THAT the following By-Laws be revoked in their entirety:
The Corporation of the Village of Port Burwell By-Law No. 94-04
The Corporation of the Municipality of Vienna
a. By-Law No. 691
b. By-Law No. 781
c. By-Law No. 92-11
AND THAT the comprehensive zoning by-law be the mechanism used to enforce all
complaints regarding animal control, except for cases of canine or exotic animal
control."
CARRIED
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Council Minutes July 04, 2013
(b) Correspondence dated June 21, 2013 from Marcia& Barry Parker regarding "Noxious
Weeds and Plants along railway tracks".
File: C13
The Administrator acknowledged that the Municipality is obligated to deal with noxious weeds.
2013-293
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT correspondence from Marcia & Barry Parker regarding Noxious Weeds
and Plants along former rail lands be received;
AND THAT the correspondence be referred to the Manager of Public Works for
appropriate action."
CARRIED UNANIMOUSLY
9. FINANCE, ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#014797 to Cheque#014876 inclusive totaling
$1,303,931.16 and Payroll Disbursements for the period ending June 23, 2013 totaling
$58,492.68.
2013-294
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Cheque Register being Cheque#014797 to Cheque#014876 inclusive
totaling$1,303,931.16 and Payroll Disbursements for the period ending June 23,
2013 totaling$58,492.68 be approved."
CARRIED UNANIMOUSLY
(b) Staff Memorandum 2013-Memo 4 regarding Sale of Lands -Vacant Lands East of
Bodsworth Lane.
File: L07
The Administrator advised that notice of proposed sale of the property has been placed in the
local newspapers and no inquiries or concerns have been received.
2013-295
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Memorandum 2013-Memo 4 be received;
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Council Minutes July 04, 2013
THAT the property located on the easterly side of Bodsworth Lane be declared
surplus to the needs of the Municipality;
AND THAT By-Law 2013-062, being a by-law to authorize the sale of lands owned
by the Municipality of Bayham, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) Correspondence dated June 20, 2013 from Janet Peroni regarding "Municipal Policing
Cost Recovery Survey".
File: P17
Staff was requested to respond to the survey indicating that Council supports having OPP
services that meet the local needs and wages that are negotiated at an affordable cost,however,
insufficient information was provided on which to base an informed and knowledgeable
response.
2013-296
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the correspondence regarding Municipal Policing Cost Recovery Survey be
received;
AND THAT the Council of the Municipality of Bayham believes that insufficient
information has been provided regarding the Municipal Policing Cost Recovery
Survey options to enable Council to make an informed and knowledgeable opinion
as to the most preferred option that would be suitable for Bayham ratepayers."
CARRIED UNANIMOUSLY
(d) Staff Report F2013-16 regarding Asset Management Plan.
File: F00
2013-297
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the quote submitted by The Public Sector Digest Inc., in the amount of
$17,500.00 plus HST,for preparation of the written portion of the Asset
Management Plan be accepted."
CARRIED UNANIMOUSLY
(e) Memorandum regarding Interpretive Centre Staffing.
File: D06
The Administrator advised Council that the solicitors for the Municipality and the Erie Shores
Wind Farm Ltd. could not reach an agreement that would allow the Wind Farm to provide
staffing to operate the site.
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Council Minutes July 04, 2013
2013-298
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT Council supports Option #2 in the proposal dated April 25, 2013 from the
Wind Interpretive Centre Committee, being that the Municipality would undertake
the hiring of a student to operate the Centre on week-ends and holidays until
September 3rd, based on the understanding that GDF will reimburse the
Municipality for all wage costs incurred."
CARRIED
(f) Staff Report PR2013-05 regarding Endangered Species Act-Notice of Habitat
Regulation.
File: L11
The Administrator advised that letters have been received regarding the Sewage Treatment Plant
and the Richmond Community Water pump station indicating they may be affected by the
Fowler's Toad and Laura's Clubtail, respectively.
2013-299
Moved by Councillor T Southwick
Seconded by Deputy Mayor C Evanitski
"THAT Council supports the County of Renfrew resolution DP-CC-13-03-35
regarding the Endangered Species Act;
THAT the Municipality of Bayham make submission to the proposed habitat
regulations for the Fowler's Toad and Laura's Clubtail, advising of concerns
including:
a. The potential large geographic areas that may be subject to the proposed
regulations;
b. The potential for significant economic impact to the community due to the
potential restrictions of activities in the impacted areas; and
c. The potential impacts regarding specific municipal properties that provide water
and/or sanitary sewer services to the community."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Staff Report E2013-05 regarding Prohibition of External Use of Water - Richmond
Water.
File: E08
Water/Wastewater Manager Ed Roloson commented that the Richmond System is not metered
nor is it able to supply sufficient water to maintain households when it is also being used for
outdoor purposes.
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Council Minutes July 04, 2013
2013-300
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Law 2013-064, being a By-law to provide the regulation of water supply
in the Municipality of Bayham, be presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report E2013-006 regarding Installation of Water Treatment Equipment at the
Richmond Water Treatment Pump House. (Report not available at time ofpublishiing)
File: L04
The Water/Wastewater Manager advised that the MOE has approved an extension of the time
frame for the completion of the new water source project for Richmond Water to September
30/13. Only one bid was received for the installation of the new equipment. The tender form is to
be revised and re-issued with a longer time frame for completion.
2013-301
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Installation of Water Treatment equipment be deferred."
CARRIED UNANIMOUSLY
(c) Memo regarding Waste Management Planning - Transfer Stations.
File: E07
Staff was directed to send correspondence to both the Town of Tillsonburg and the County of
Oxford seeking further discussion on the possibility of utilizing the Tillsonburg transfer station.
2013-302
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Memo dated July 2,2013 regarding Waste Management Planning -
Transfer Stations be received for information;
AND THAT staff be directed to draft letter to Town of Tillsonburg and County of
Oxford indicating interest in further discussion of the issue."
CARRIED UNANIMOUSLY
(d) Memo regarding Rain Event June 27/28, 2013.
File: E02
The Administrator advised that the recent heavy rain event surpassed the capacity of the storm
water system in certain areas and repairs to damaged roads will have an effect on the 2013 public
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Council Minutes July 04, 2013
works budget. It is reported that rainfall exceeded 6 inches in some areas in the southern portions
of the Municipality.
2013-303
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Memo dated June 27th regarding Rain Event June 27/28, 2013 be
received for information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2013-304
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 10:05 p.m. to discuss:
• advice that is subject to solicitor-client privilege,including communications
necessary for that purpose."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held June 6, 2013.
(c) Confidential Staff Memorandum regarding advice that is subject to solicitor-client
privilege, including communications necessary for that purpose. (Ojibwa Loan
Guarantee)
(d) Out of Camera.
2013-305
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
10:39 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2013-062 A By-Law to authorize the sale of lands owned by the
Municipality of Bayham
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(b) By-Law 2013-063 A By-Law to repeal By-Law 2013-060(Wind Interpretive Centre)
(c) By-Law 2013-064 A By-Law to provide the Regulation of Water Supply
(d) By-Law 2013-065 A By-Law to authorize the execution of a site plan agreement
(Dundee Oil and Gas Limited)
2013-306
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Laws 2013-062, 2013-063, 2013-064 and 2013-065 be read a first, second
and third time and finally passed."
CARRIED UNANIMOUSLY
(e) By-Law 2013-066 A By-Law to confirm all actions of Council
2013-307
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2013-066 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2013-308
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 10:40 p.m."
CARRIED UNANIMOUSLY
MAYOR CLERK
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