HomeMy WebLinkAboutJuly 18, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
July 18, 2013
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, July
18, 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, 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 July 4, 2013.
2013-309
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the minutes of the regular meeting held July 4, 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. - Michael Szorenyi and Andrew Gilvesy, Consulting Engineer, Cyril J.
Demeyere Ltd. were in attendance regarding the Subdivision Agreement for the Soreny
Development in Straffordville.
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Council Minutes July 18, 2013
Michael Szorenyi provided a 4-page handout to Council. Mr. Szorenyi raised concerns with the
proposed draft subdivision agreement in regard to the severance and development of four
residential lots in Straffordville. He suggested that he would not have pursued the development
had he been aware of the stringent conditions and costs related to the project. He requested
removal of the requirements to install hydro and telephone servicing from the subdivision
agreement.
(b) 7:20 p.m. - Doug Park and Cornelia Tolg were present regarding their request to
change name of Howard Street.
Mr. Parks requested that Council change the name of Howard Street in Port Burwell to the
"Submariners Way". He added that he had approached the Elgin Military Museum and they are
supportive of the suggestion. When questioned, Mr. Park stated that he had not contacted any of
the local residents or undertaken a petition for support.
Council raised concerns that there was nothing in writing from the Military Museum supporting
a name change or whether doing so may effect any plans the Museum may have for advertising
and promotion of the Ojibwa.
Mr. Park was requested to seek confirmation of support from the Elgin Military Museum in
writing and seek public input through circulation of a petition or survey.
2013-310
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council approves that the request be received until further information is
brought forward."
CARRIED UNANIMOUSLY
(c) 7:30 p.m. - David Roe regarding Nasswetter Consent E44/13 Item 6(a)
Mr. Roe, agent for the Nasswetter consent application,provided a handout to Council in
response to questions raised in the report regarding the proposed severance of a 50-acre farmland
parcel from the farm and retention of the remaining 73 acres, including a dwelling and
outbuildings. He indicated there is an increasing demand for smaller acreages on which to grow
high value vegetable crops and requested Council support.
2. STATEMENTS BY COUNCIL
None.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System.
The Administrator advised that the tender for installation of the equipment has been issued with
a deadline of July 26 for submissions.
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Council Minutes July 18, 2013
(b) Harbour Divestiture.
Staff noted that the final ESA report is expected next week.
Deputy Mayor Evanitski requested and Council agreed that staff provide a report on economic
development initiatives currently underway.
5. INFORMATION ITEMS
(a) Correspondence dated June 28, 2013 from Stewardship Ontario regarding "Industry
funding for Municipal Blue Box Recycling for 2013 Program Year".
File: A01
(b) Correspondence from Alzheimer Society regarding "ACTION Dementia Care
Strategy".
File: A01
(c) Correspondence dated June 28, 2013 from Attorney General regarding "Municipal
Liability Experience and Insurance Rates".
File: A16
(d) Correspondence dated July 4, 2013 from Township of Warwick regarding "Motion of
Not a Willing Host Community for Industrial Wind Turbine Projects".
File: C10
(e) Correspondence dated June 29, 2013 from Elaine Donck as thank you for sponsoring
the Mathematics award.
File: C13
(f) Correspondence dated July 4, 2013 from Municipality of Morris-Turnberry to The
Honourable Kathleen Wynne regarding "Toronto Transit" and "Not a Willing Host for
Industrial Wind Turbines".
File: C10
(g) Correspondence dated July 8, 2013 from Ministry of Rural Affairs and Ministry of
Infrastructure regarding "2013 Ontario Budget -Municipal Infrastructure".
File: A16
(h) Notice regarding "Minor Boundary Amendment for Port Burwell Provincial Park".
File: A16
(i) Copy of Resolution passed June 17, 2013 by The Town of Blue Mountains regarding
"Not a Willing Host for Industrial Wind Turbine Projects".
File: C10
G) Correspondence received from the Hamilton Family regarding "Canada Day
Festivities".
File: C13
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Council Minutes July 18, 2013
(k) Correspondence dated March 27, 2013 regarding "Ed Roloson Certified Municipal
Manager Accreditation".
File: H12
2013-311
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT information items 5(a) through 5(k)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a) Staff Report D2013-023 regarding Nasswetter Consent Application E44/13.
File: D10.13 Nasswetter
The Planning Co-ordinator noted that re-zoning of both the severed and retained lands is a
recommended condition of consent. She added that when the application is presented, staff will
recommend the severed farmlands be rezoned to A-2 Special Agriculture to ensure continued
land use for agricultural purposes and compliance with provincial requirements under the
Provincial Policy Statements.
2013-312
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council recommends to the Elgin County Land Division Committee that
consent application E44/13, submitted by John Nasswetter and Estate of Michael
Nasswetter, be granted subject to conditions:
1. rezoning of both the severed and retained parcels
2. $500 cash in lieu of parkland dedication fee
3. final survey submitted to the municipality
4. planning report fee payable to the municipality
5. purchase of civic numbering signage
CARRIED UNANIMOUSLY
(b) Staff Report D2013-024 regarding Soreny Farms Limited Subdivision Agreement.
File: L04.SORENY
The Planning Co-ordinator noted that the draft standard agreement was emailed to Mr. Szorenyi
on January 25, 2013 and discussed in greater detail, minus the hydro and telephone services, on
February 1, 2013 with the applicant's consultant at Cyril J. Demeyere's Office, followed by
several emails and phone calls. She added that, on the advice of the municipal solicitor, when
Page 4 of 12
Council Minutes July 18, 2013
there is a division of land, the agreement is appropriately called a subdivision agreement. She
advised that the draft subdivision agreement was modified by adding hydro and telephone
requirements after discussion with the applicant's consultant the week prior when staff became
aware that the applicant was not intending to install hydro and telephone distribution services.
The Administrator noted that a subdivision agreement is appropriate when there is new
development or subdividing of land. Municipalities look to developers to bear the cost of the
extension of services, including new roads, sewers, water, sidewalks, street lights, hydro,
telephone and cable, etc., based on what's existing in similar local locations, otherwise the
municipality must bear the full cost through taxation. The subdivision agreement registered on
title provides notice to potential purchasers of requirements to develop the affected lands.
2013-313
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Staff Report D2013-024 regarding a subdivision agreement with Soreny
Farms Limited be received;
AND THAT the Soreny Farms Limited Subdivision Agreement be approved;
AND THAT authorizing By-law 2013- 070 be presented for enactment."
DEFEATED
2013-314
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Staff ReportD2013-24.regarding Soreny Farms Limited - Subdivision
Agreement be received;
AND THAT the Soreny Farms Limited Subdivision Agreement be amended to
remove the two clauses pertaining to the Subdivider being responsbile for the hydro
and telephone services installation and the posting of the appropriate security;
AND THAT the Subdivision agreement be further amended to include notification
that the lots are being created without electrical and telephone services and the cost
of providing electrical and telephone services will be at the expense of the
Subdivider or its Successors in title;
AND THAT authorizing By-law 2013-070, as amended, be presented for
enactment."
CARRIED UNANIMOUSLY
(c) Staff Report D2013-025 regarding Soreny Farms Limited Rezoning Application.
File: D14.SORE
The Planning Co-ordinator advised that removal of the holding designation is required as one of
the conditions of consent.
Page 5 of 12
Council Minutes July 18, 2013
2013-315
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the zoning on lands owned by Soreny Farms Limited, described as Parts 1-4
on Registered Plan 11R9617, be changed from Village Residential-Holding [R1-h] to
Village Residential (R1) in Bayham Zoning By-law Z456-2003, as amended;
AND THAT Zoning By-law Z620-2013 be presented to Council for enactment."
CARRIED UNANIMOUSLY
7. ROADS, AGRICULTURE & DRAINAGE
(a) Staff Report PR2013-07 regarding Designation of Lands as Part of Road System -
Murray Road.
File: T05
2013-316
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT By-law No. 2013-067, being a By-law to assume and establish lands in the
Municipality of Bayham as part of the open public highway system being Parts 2, 3,
4 and 5 of Registered Plan 11R4603 (Murray Road) be presented to Council for
enactment."
CARRIED UNANIMOUSLY
(b) Staff Report P2013-006 regarding 2013 Second Quarter Report Building Services &
Drainage.
File: P10
2013-317
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT Staff Report P2013-006 regarding the activities of the Building Services &
Drainage Department for the second quarter of 2013 be received for information."
CARRIED UNANIMOUSLY
(c) Staff Report DR2013-011 regarding Petition for Drainage from Brian Breedon.
File: E09
2013-318
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the Council of the Municipality of Bayham acknowledges the filing with the
Clerk of the Petition for drainage works by Brian Breedon on July 4, 2013;
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Council Minutes July 18, 2013
THAT Staff Report DR2013-011 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(1) of the Drainage Act, for Council's consideration."
CARRIED UNANIMOUSLY
(d) Staff Report DR2013-012 regarding Petition for Drainage - Fulton/Centre Streets.
File: E09
2013-319
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Council of the Municipality of Bayham acknowledges the filing with the
Clerk of the Petition for drainage works by Vance Czerwinski, Manager, Public
Works on July 10, 2013;
THAT Staff Report DR2013-012 regarding the petition for drainage and for
drainage improvement 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
(e) Staff Report DR2013-013 regarding Soreny Branch Municipal Drain.
File: E09
2013-320
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report DR2013-013 regarding the Soreny Branch Municipal Drain be
received;
THAT the Council of the Municipality of Bayham acknowledges the receipt of
Report#213136 dated June 28, 2013 for the Soreny Branch Municipal Drain, as
prepared by Spriet Associates, and filed with the Clerk on July 11,2013;
THAT Council set a date for the Public Meeting to be held on August 1, 2013 at 8:00
p.m. to consider the Report;
AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all
persons assessed to this drainage works, and in accordance with the Drainage Act."
CARRIED UNANIMOUSLY
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Council Minutes July 18, 2013
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2013-007 regarding Fire Communication System.
File: P16
Gord Roesch, Fire Chief advised that two responses to the Request for Proposals for replacement
of the Elgin County-wide Fire Communications System were received, however,the system
proposed by Spectrum is the only one capable of paging firefighters. He advised that, according
to the Treasurer, the Bayham share of$142,500 can be financed internally. Participation by all
Elgin lower tier municipalities is the most economical. The on-going maintenance and
equipment costs, to be shared equally between the lower tier, are expected to remain around
$8,500 per year.
2013-321
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Staff Report P2013-007 regarding the Elgin County Fire Communication
System be received;
THAT the Municipality of Bayham accepts the proposals from Spectrum
Communications Ltd.,London, dated June 21,2013:
a. For the design/build of a Digital Two-Way Simulcast Radio Communications
and Simulcast Two-Way Paging System; and
b. For the "voice only" link to the St. Thomas Fire Department, subject to the
execution of an agreement between Spectrum and the participating municipalities;
and further that Council agrees to fund one-seventh of the cost of the proposals and
a 15% contingency allowance;
THAT the Municipality of Bayham is agreeable to The Municipality of Central
Elgin maintaining and licensing the new digital communication system on behalf of
the seven municipalities;
AND THAT ongoing maintenance costs and license, site and telephone fees be
equally allocated between the seven municipalities;
AND THAT participation by Bayham is contingent on agreement of all Elgin
Municipalities."
CARRIED UNANIMOUSLY
9. FINANCE, ADMINISTRATION& PERSONNEL
(a) Cheque Register being Cheque#014877 to Cheque#014912 inclusive, totaling
$363,750.94 and Payroll Disbursements for the period ending July 7, 2013 totaling
$61,071.47.
2013-322
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
Page 8of12
Council Minutes July 18, 2013
"THAT Cheque Register being Cheque#014877 to Cheque#014912
inclusive, totaling$363,750.94 and Payroll Disbursements for the period ending July
7, 2013 totaling$61,071.47 be approved."
CARRIED UNANIMOUSLY
(b) Statement of Revenue and Expense for the period ending June 30, 2013.
File: F10
The Treasurer,David Aristone noted that OPP costs, estimated for the first six months, and not
yet billed by the County, are expected to be under budget. Fire department revenue is higher than
expected due to the additional length of time that Fire Chief services were required by the
Township of South-West Oxford. The capital works are just getting started. He added that there
are no concerns at this time.
2013-323
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor Cliff Evanitiski
"THAT the Statement of Revenue and Expense for the period ending June 30, 2013
be received for information."
CARRIED UNANIMOUSLY
(c) Correspondence dated July 12, 2013 from Honor Wassing regarding "June 27, 2013
Basement Flood at 29 Brock Street, Port Burwell".
File: L02
The Administrator noted that the Public Works department has differing opinions from the
resident of the drainage issues and have been taking some steps to alleviate some of the existing
concerns.
Council requested that Ms. Wassing be referred to her insurer. Should her insurer submit a claim,
it can be forwarded to the Municipal insurer for an appropriate response.
2013-324
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT correspondence from Honor Wassing regarding June 27, 2013 Basement
Flood at 29 Brock Street, Port Burwell be received."
CARRIED UNANIMOUSLY
(d) Memorandum C2013-05 regarding Otter Valley Trail Committee Establishment and
Committee Appointments.
File: C12
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Council Minutes July 18, 2013
2013-325
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-law 2013-068, being a by-law to establish the Otter Valley Trail
Committee, be presented for enactment;
AND THAT By-law 2013-069, being a by-law to appoint members to the Otter
Valley Trail Committee be presented for enactment."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Quarterly Report for the Bayham Water Distribution System and Call Ins for the period
ending June 30,2013.
File: E08
Water/Wastewater Manager Ed Roloson noted that there was an extensive amount of water
usage this period including a house fire, a waterline leak in Vienna and street sweeping. Staff
noted that the cost recovery is through the tax levy.
2013-326
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the Quarterly Report for the Bayham Water Distribution System and Call
Ins for the period ending June 30, 2013 be received for information."
CARRIED UNANIMOUSLY
(b) Quarterly Report for the Bayham Small Municipal Non-Residential Wells for the
period ending June 30, 2013.
File: E08
The Water/Wastewater Manager noted that the Medical building has been removed from the
reporting list as the property was recently sold.
2013-327
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Quarterly Report for the Bayham Small Municipal Non-Residential
Wells for the period ending June 30, 2013 be received for information."
CARRIED UNANIMOUSLY
(c) Quarterly Report for the Richmond Community Water System and Call Ins for the
period ending June 30, 2013.
File: E08
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Council Minutes July 18, 2013
Mr. Roloson noted that the Richmond Community Water system cannot meet the demand when
residents use water from the system for external or non-residential purposes. Enforcement and
penalties under the by-law, recently approved by Council, may reduce such usage.
2013-328
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the Quarterly Report for the Richmond Community Water System and
Call Ins for the period ending June 30, 2013 be received for information."
CARRIED UNANIMOUSLY
(d) Port Burwell Wastewater Treatment Plant Quarterly Compliance Summary, Call Ins
and Biosolids Application Analysis for the period ending June 30, 2013
The Water/Wastewater Manager noted the drop in septage received at the Sewage Treatment
Plant is due to reduced rates for disposal being offered by the City of London.
Mayor Ens presented Mr. Roloson with a certificate for accreditation as a Certified Municipal
Manager through the Ontario Municipal Management Institute.
2013-329
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Port Burwell Wastewater Treatment Plant Quarterly Compliance
Summary, Call Ins and Biosolids Application Analysis for the period ending June
30, 2013 be received for information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
(b) Out of Camera.
12. BY-LAWS
(a) By-Law Z620-2013 A By-Law to further amend By-Law Z456-2003 (Soreny Farms
Limited)
(b) By-Law 2013-067 A By-Law to assume and establish lands (Murray Road)
(c) By-Law 2013-068 A By-Law to Establish the Bayham Otter Valley Trail Committee
(d) By-Law 2013-069 A By-Law to further amend By-Law 2013-001 (appointing
members to Boards and Committees)
(e) By-Law 2013-070 A By-Law to authorize the signing of a Subdivision Agreement
Page 11 of 12
Council Minutes July 18, 2013
(Soreny Farms Limited)
2013-330
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-Laws Z620-2013, 2013-067, 2013-068, 2013-069 and 2013-070, as
amended, be read a first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(f) By-Law 2013-071 A By-Law to confirm all actions of Council
2013-331
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT confirming By-Law 2013-071 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2013-332
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 9:20 p.m."
CARRIED UNANIMOUSLY
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MAY• ' CLERK
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