HomeMy WebLinkAboutSeptember 05, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
September 05, 2013
7:00 PM
7:30 p.m. Public Meeting—Planning (Zoning)
8:00 p.m. Court of Revision -Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
September 5, 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 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 Ketchabaw declared a pecuniary interest regarding Item 6, as he is the agent for
the applicant, who is his mother, and vacated his seat during discussion of this item.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held August 15, 2013.
2013-363
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the minutes of the regular meeting held August 15, 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. -Roselyne Chues regarding "Noise By-Law".
File: C13
Roselyne Chues raised concerns regarding a letter received from the By-law Enforcement
Officer regarding noise (loud music)being created at her property. She commented that
Mr. Roesch had done no investigation and the Municipality of Bayham noise by-law does
not provide for maximum decibel readings permitted. Ms. Chues commented that she
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Council Minutes September 05, 2013
works at home as a small business artist and uses the music to cover the ongoing noise
created by several types of saws, motorized equipment and vehicles going to and from
the neighbouring property. No physical buffer or barrier exists between the two
properties.
Ms. Chues added that she is being victimized and that the neighbouring property owners
are not being required to take any steps to reduce noise created by their establishment
which is operational between 7:00 a.m. and 5:00 p.m. from Monday through Friday.
In response to questions, the Administrator noted that small-scale home occupation
activities are permitted in rural residential zones, and should re-zoning is required, there
is a public process to follow that allows affected persons and property owners to provide
input.
2013-364
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the correspondence regarding noise issues, dated August 19, 2013 from
Roselyn Chues be referred to staff for review in concert with the Noise By-law and
report back to Council with recommendations."
CARRIED UNANIMOUSLY
2. STATEMENTS BY COUNCIL
Mayor Ens noted that a former Bayham Township Councillor, James Hagle had passed away
and that the funeral was being held Friday.
The Mayor also noted that he,Deputy Mayor Evanitski and Administrator Kruger had met
with Joe Preston, MP to discuss options to support the success of the Ojibwa Project,
including grant opportunities, promotion and marketing and assumption of loan guarantor
responsibility. Federal Minister of State, Gary Goodyear is to tour the Ojibwa site.
Mayor Ens also advised that the Elgin County Plowing Match is being held Saturday,
September 7th on Dexter Line in Central Elgin.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
Administrator Kruger noted that construction is underway and is on schedule to meet the
end of September deadline. The residents are currently using the temporary water supply.
(b) Harbour Divestiture
The Administrator noted that a report regarding the Phase 1 and 2 Environmental Site
Assessment for the Port Burwell Harbour has been completed and is included on the
closed session agenda.
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In response to Mayor Ens question regarding accessibility of the ESA report, Mr. Kruger
responded that the full 400+page report is not currently on the website,however,
arrangements can be made for access.
5. INFORMATION ITEMS
(a) Museums Bayham minutes of meeting held August 14, 2013.
File: C06
(b) Correspondence dated August 13, 2013 from Jeff Yurek, MPP regarding "Lack of
family doctors".
File: C13
Councillor Casier noted appreciation for the initiative being taken by Jeff Yurek, MPP,
regarding the lack of family doctors in Elgin and suggested that he be encouraged to
contact the East Elgin Family Health Team for input as board members are familiar with
the local needs and challenges.
(c) Correspondence received August 19, 2013 from Fran Southwick regarding "Vienna
Town Hall".
File: C13
It was noted there have been 3 or 4 unsuccessful applications made to the Ontario
Trillium Foundation for funding regarding this project, however, the scope of this
proposed application is for a feasibility study that may differ from previous applications.
Staff assistance with an application is requested. The deadline for submission is
November 1, and results should be available in 2 to 3 months.
It was noted that only one project at a time will be considered by OTF. Staff confirmed
there are no projects forthcoming for the Harbourfront or other committees at this time.
(d) July 2013 Report to Council from The Elgin Military Museum.
File: D06
(e) Correspondence dated August 16, 2013 from Ministry of Rural Affairs regarding
"Rural Economic Development Program".
File: F 1 1
The Administrator noted that the Rural Economic Development Program is not currently
funding infrastructure projects.
(f) Correspondence dated July 30, 2013 from Erie Shores Wind Farm regarding "2012
Transfer and Grant of Easement".
File: L04
(g) Correspondence dated August 23, 2013 from Union Gas regarding "Ontario Energy
Board Multi-Year Rate Setting Mechanism Application ".
File: E06
(h) Correspondence dated August 22, 2013 from CUPE Ontario regarding "Child Care
Worker& Early Childhood Educator Appreciation Day".
File: A01
(i) Correspondence and flyer dated August 2013 from Edison Museum Building
Committee regarding "Edison Night Dinner and Silent Auction".
File: A01
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(j) Correspondence from East Zorra Tavistock Director of Public Works regarding
"Annual Joint Meeting of the Elgin, Middlesex, Oxford Road Supervisors
Associations".
File: A01
2013-365
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT information items 5(a) through 5(j) be received for information;
AND THAT in regard to item 5(c), Council supports that an application be made to
the Ontario Trillium Foundation for funding to conduct a feasibility study for the
Vienna Town Hall project.
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
2. PUBLIC MEETING
2013-366
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"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. - Rezoning Application to change the zoning on a parcel of land from site-
specific Farm Industrial (M1-2)to site-specific Special Agricultural (A2-7) submitted
by Margaret Ketchabaw and the Estate of Gene Ketchabaw.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
Councillor Ketchabaw declared a pecuniary interest, as he is the agent for the applicant,who
is his mother, and vacated his seat during discussion of this item.
STAFF PRESENTATION
Staff Report D2013-029 regarding Ketchabaw Rezoning.
File: D14.KETC
The Planning Co-ordinator advised that the purpose of the application is to change the
zoning from the site-specific Farm Industrial to the site-specific Special Agricultural
zone, to permit the subject lands to function as a small scale agricultural operation with
less than the required minimum lot area requirement. The previous industrial tobacco
grading station use no longer exists. She noted that the applicant is agreeable to staff's
recommendation.
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PUBLIC COMMENTS
There were no written public submissions received.
COUNCIL COMMENTS AND QUESTIONS
There were no comments or questions from Council.
ADJOURNMENT
2013-367
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Public Meeting be adjourned at 7:37 p.m."
CARRIED
DISPOSITION OF ITEM
2013-368
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the zoning of a parcel located at 55443 Maple Grove Line, owned by
Margaret Ketchabaw and the Estate of Gene Ketchabaw, be changed from site-
specific Farm Industrial (M1-2) to site-specific Special Agricultural(A2-7)."
AND THAT Zoning By-law Z623-2013 be presented for enactment."
CARRIED
7. ROADS,AGRICULTURE & DRAINAGE
1. CORRESPONDENCE AND REPORTS
2. COURT OF REVISION -DRAINAGE
2013-369
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT in accordance with the provisions of the Drainage Act, the Council of the
Municipality of Bayham appoints Mayor Paul Ens,Deputy Mayor Cliff Evanitski,
Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw to sit as members of
the Court of Revision;
AND THAT Paul Ens act as Chairman;
AND THAT the Council Meeting be adjourned for the purpose of holding a Court
of Revision pursuant to the provisions of the Drainage Act."
CARRIED UNANIMOUSLY
APPLICATION
8:00 p.m. - Court of Revision regarding the assessment of properties in regard to
Drainage Report No. 213136 prepared by Spriet Associates and referred to as the
Soreny Branch Municipal Drain.
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DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
There was no declaration of pecuniary interest or the nature thereof.
STAFF PRESENTATION
Staff Report DR2013-015 regarding Soreny Branch Municipal Drain Court of
Revision.
File: E09
The Drainage Superintendent noted that the Engineer was not in attendance. He noted
that the applicant is fully responsible for payment of the works and that the Municipality
will share a portion of the ongoing maintenance costs.
PUBLIC COMMENTS
There were no written or verbal public comments received.
COUNCIL COMMENTS AND QUESTIONS
There were no comments or questions from members.
DISPOSITION OF ITEM
2013-370
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Court of Revision for the Soreny Branch of the Straffordville Drainage
Works hereby confirms the assessments as per the Engineer's Report#213136
dated June 28,2013."
CARRIED UNANIMOUSLY
ADJOURNMENT
2013-371
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the Court of Revision be adjourned at 8:05 p.m."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
9. FINANCE, ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#015090 to Cheque#015199 inclusive, except Cheque
#015180 totaling $516,528.90 and Payroll Disbursements for the period ending August
18, 2013 totaling $57,688.26.
2013-372
Moved by Councillor T Southwick
Seconded by Deputy Mayor C Evanitski
"THAT the Cheque Register being Cheque#015090 to Cheque#015199 inclusive,
except Cheque#015180 totaling$516,528.90 and Payroll Disbursements for the
period ending August 18, 2013 totaling$57,688.26 be approved."
CARRIED UNANIMOUSLY
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(b) Elgin Military Museum correspondence supporting petition to change name of Howard
Street to Submariner's Way submitted by Doug Park.
File: C13
Staff were requested to conduct further research regarding ownership, significance of the
"Howard" name and report back to Council.
(c) Correspondence dated August 7, 2013 from BCE Inc. regarding "Future Wireless
Investments".
File: C13
2013-373
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the correspondence from BCE Inc. regarding Future Wireless Investments
be received;
THAT the Council of the Municipality of Bayham supports the closure of loopholes
to ensure future wireless investments in small and rural communities in Canada, as
proposed by BCE Inc. and Bell Canada including:
1. Canadian wireless carriers be permitted to bid for the same amount of Canada's
airwaves as American carriers can;
2. U.S. operators entering Canada should roll out wireless services across the
country,just as Canadian operators have;
3. If a small Canadian wireless company seeks a buyer, Canadian carriers should be
allowed to bid,just as the American carriers can;
AND THAT this resolution be forwarded to Joe Preston, MP Elgin-Middlesex-
London for support."
CARRIED UNANIMOUSLY
(d) Staff Report PR2013-08 regarding Road Closure Application- Centre Street Eden.
File: T09
The Administrator noted that Union Gas is willing to pay the$350 administration fee and
costs for the closure and acquisition at the appraised value for the Centre Street allowance
in Eden. Staff would follow the normal procedure for road closure including placing
notice in the newspaper and notifying the abutting property owners. As Union Gas is not
an abutting owner and does not require the whole parcel, the disposition may be to more
than one party.
Mayor Ens commented that closure and disposition may restrict future development in
the urban area to the north.
2013-374
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT staff be directed to initiate required procedures pursuant to the Municipal
notice by-law to close a portion of the unopened road allowance identified as Centre
Street on Plan 113 (Eden) provided the applicants pay required expenses;
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And That upon closure of the road, the lands be conveyed at the appraised value."
CARRIED
(e) Staff Report C2013-06 regarding Strategic Plan Review/Update.
File: CO2 STRA
The Administrator presented his report noting that there are a number of items within the
plan that are outstanding, some being due to a change in priorities and others due to
budgeting restraints. He suggested that priorities be confirmed and timelines set for
achieving them and that the new Council revisit early in the new term in 2014. Council
members are to provide dates they are available and staff will arrange a couple of
meetings before year-end.
2013-375
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Council review and confirm the remaining strategic priorities within the
current Strategic Plan."
CARRIED UNANIMOUSLY
(f) Staff Report C2013-07 regarding 2014 Election Voting Options &Questions.
File: C07
The Clerk presented her report and responded to Council questions. Council suggested an
improved voters' list should be a priority. Staff was directed to explore ways of
enhancing the currency of the voters' list and any associated costs.
2013-376
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Staff Report C2013-07 be received for information."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2013-377
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 9:03 p.m. to discuss:
• a proposed or pending acquisition or disposition of land by the municipality or
local board;
• labour relations or employee negotiations."
CARRIED UNANIMOUSLY
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(b) Closed session minutes of the regular meeting of Council held July 4, 2013.
(c) Confidential Report regarding a proposed or pending acquisition or disposition of land
by the municipality or local board. (Harbour Divestiture)
(d) Confidential Report regarding labour relations or employee negotiations. (Succession
Planning)
(e) Out of Camera.
2013-378
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the Committee of the Whole do now rise from the "In Camera" session at
10:22 p.m."
CARRIED UNANIMOUSLY
2013-379
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff be authorized to proceed with the Succession Planning Initiatives as
outlined in Report H2013-02."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law Z623-2013 A By-Law to further amend Zoning By-Law Z456-2006
(Ketchabaw)
2013-380
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT By-Law Z623-2013 be read a first, second and third time and finally
passed."
CARRIED
(b) By-Law 2013-076 A By-Law to confirm all actions of Council
2013-381
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"That confirming By-Law 2013-076 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
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13. ADJOURNMENT
(a) Adjournment
2013-382
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W.Casier
"THAT the Council meeting be adjourned at 10:25 p.m."
CARRIED UNANIMOUSLY
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