HomeMy WebLinkAboutOctober 03, 2013 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville, ON
Council Chambers
October 03, 2013
7:00 p.m.
7:30 p.m. -Public Meeting—Planning (Zoning)
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
October 3, 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
None.
3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held September 19, 2013.
2013-406
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the minutes of the regular meeting of Council held September 19,2013 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. -Art Lawson, General Manager, SCOR(South Central Ontario Region) and
John Lessif, Mayor, Town of Tillsonburg regarding potential membership.
Mayor Lessif thanked Council for the invitation to attend and confirmed Tillsonburg's
willingness to provide fire department administration assistance while Bayham is seeking
a new Fire Chief.
Mr. Lawson advised that the South Central Ontario Region(SCOR) organization,
established in 2008,represented the five counties of Elgin, Middlesex, Brant, Oxford and
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Council Minutes October 03, 2013
Norfolk. These counties shared the history of prosperous communities and a shared
vision of and commitment to resurgence of prosperity in the region as well as a common
geography(sand plains).
The SCOR Partners recognize the ongoing need for regional leadership and
collaboration,vision and commitment to change, commitment to sustained
implementation, accountability to partners and funding.
Investment of$12,925,155 in Sand Plains funding leveraged an additional $32,769, 904
for a total investment of$45,495,095 in the region.
A strategic update resulted in 3 priorities being Economic Infrastructure, Human Capital
(challenges in workforce and employment) and Sector Development focused on
Agriculture and Food.
Current projects include Youth Employment with the Workforce,Planning
Boards, Woodlot Certification, FoodHub's and Resident Attraction.
Working with partners and implementing strategy
Roles of the Corporation include advocacy,providing a forum for discussion of larger
and potential issues,partnership building, Investment readiness on a regional level,
Identifying funding sources & support local initiatives as needed.
Local Partner Roles include local services, local product development, local investment
attraction, investment readiness at a local level, willingness to collaborate on projects
with regional impact.
Advantages of Partnerships
SCOR is beneficial as an advocacy support in regard to issues such as waste management
and OPP costing, shares common interest with the Ministry of Rural Affairs and has
gained the respect of Queen's Park. There are opportunities to expand foreign investment
locally and build networking relationships that open doors. SCOR is interested in and
focused on the overall benefit to the whole area as opposed to benefits to individual
county or participants.
Elgin organizations that have benefited include Canadian biofuels, Ojibway Submarine
Project, Railway Museum Human Resources, Railway City Brewery Expansion, CASO
Restoration Project, Seven Sisters Tree Farm,Enns Textile Expansion and Family
Flowers Greenhouse Expansion.
Region wide benefits including Elgin- South Coast Wines and Growers Association
(Quai du Vin, Rush Creek), Erie Innovation&Commercialization, Ontario Lavender
Association(Steed&Company Lavender Farm), Barn Quilt Trail, Studio Tour
Marketing Network and Ontario's South Coast: Tourism Development.
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Council Minutes October 03, 2013
Mayor Lessif noted that SCOR members were disappointed when the County of Elgin
withdrew from the organization, however,they welcome the interest shown by Bayham
and would welcome Elgin back if they were to chose to return.
The annual fee for membership would be$5,000 and 12 months notice is required for
withdrawal from SCOR.
Councillors raised questions and discussed answers with the presenters.
2. STATEMENTS BY COUNCIL
Councillor Casier noted that the Straffordville Lions Club is contributing 50% of the cost for
the purchase of 32 new 8-foot vinyl resin tables for the Bayham hall in Straffordville and
suggested that a letter of appreciation be sent to the Club.
Councillor Casier also noted that the East Elgin Family Health Team is holding an open
house on October 10th and he is unable to attend.
Mayor Ens noted that he will be attending.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System.
Administrator Kruger noted that the PLC electrical panel has arrived and is being
installed. Commissioning of the system will begin next week and should be completed in
the next few weeks, depending on the results of the tests.
(b) Harbour Divestiture.
There was nothing new to discuss.
5. INFORMATION ITEMS
(a) Correspondence dated September 3, 2013 from VON Middlesex-Elgin Foundation
regarding "Open House".
File: A01
(b) Correspondence dated September 16, 2013 from Ontario Community Newspapers
Association regarding "Ontario Junior Citizen of the Year Awards".
File: A01
(c) Correspondence dated September 2013 from Sylvia Jones, MPP Dufferin-Caledon
regarding "Private Member's Bill,the Aggregate Recycling Promotion Act".
File: A16
(d) Bayham Harbourfront Committee minutes of meeting held September 10, 2013.
File: C06
The Administrator noted that the Harbourfront Committee requested that the $50,000
value of dredging made by Dundee be recognized as `community fund-raised monies' by
Council contributing up to the maximum of$15,000.
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Council Minutes October 03, 2013
Members commented that the intent was to match"community fundraised monies" not
other commercial works.
(e) Correspondence dated September 18, 2013 from City of Kenora regarding "Provincial
Ban of Flying Lanterns".
File: C10
(0 Correspondence dated September 16, 2013 from The Ontario Aggregate Resources
Corporation regarding "Licence Fee Disbursement under the Aggregate Resources
Act".
File: D05
(g) Correspondence received from Elgin Military Museum regarding "Report to Bayham
Council August 2013".
File: D06
(h) Correspondence received from East Elgin Community Complex regarding "Active
Elgin".
File: R06
(i) Minutes/Notes of the Otter Valley Trail Committee meeting held September 22,2013.
File: C06
(j) Notice for "Request for Nominations 2013 Citizen of the Year, Community Volunteer
Award(s) and Youth Volunteer Award".
File: C13
2013-407
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT information items 5(a) through 5(j) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Report D2013-32 regarding C.D. Phillips - Subdivision Agreement.
File: L04.CDPH
The Planning Co-ordinator noted that a municipal drain is a condition of the consents,the
drain is in process and that a sub-division agreement is the means to address drain
requirements and security.
2013-408
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the C.D. Phillips Subdivision Agreement for the Phillips(Calton)Drain be
approved;
AND THAT authorizing By-Law 2013-081 be presented for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report D2013-033 regarding C.D. Phillips Limited Rezoning Application.
File: D14.CDPH
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Council Minutes October 03, 2013
The Planning Co-ordinator noted that the removal of the holding provision is the final
condition of the consents to be met.
2013-409
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the zoning on lands owned by C.D. Phillips Limited, described as Parts 2,3,
4 and 5 on Registered Plan 11R9570, be changed from Hamlet Residential-Holding
IHR-h] to Hamlet Residential(HR) in Bayham Zoning By-law Z456-2003, as
amended;
AND THAT Zoning By-law Z625-2013 be presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) Staff Report D2013-035 regarding Soreny Farms Lilmited Subdivision Agreement
Amendment to the Agreement Attachment "F".
File: LO4SORE
The Planning Co-ordinator noted that the amendment is necessary as the tendered cost for
the sanitary installation is less than the estimated costs contained in the sub-division
agreement.
2013-410
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council approves By-Law 2013-080,being a by-law to amend By-Law
2013-070."
CARRIED UNANIMOUSLY
(d) Request for discussion regarding Port Burwell Provincial Park activities.
Mayor Ens noted that the request for discussion of this matter is due to email comments
being circulated between members of the public and Council.
Following discussion, Council directed that staff provide a report to Council regarding
the concerns raised.
2. PUBLIC MEETING
(a) ITEM DEFERRED FROM REGULAR COUNCIL MEETING HELD
SEPTEMBER 19, 2013
2013-411
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned in order to reconvene a Public Meeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
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Council Minutes October 03, 2013
PUBLIC MEETING
7:30 p.m. -Rezoning Application -to change the zoning on a parcel of land from the
Rural Residential(RR)Zone to the site specific Rural Residential (RR-23) Zone
submitted by Teresa L. Pressey.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
STAFFPRESENTATION
Staff Report D2013-030 regarding Pressey Rezoning.
File: D14.PRES
Staff Report D2013-034 regarding Pressey Rezoning.
File: D14.PRES
In her presentation, the Planning Co-ordinator noted that Ms. Pressey's mother Helen
McCreadie had verbally confirmed that discussion with Mr. Schutten following the
previous Council meeting went well. However, when conducting an on-site inspection
of the Pressey property with Mr. Schutten, he disagreed that the fence was on the
property line, as indicated by survey stakes. He then requested a further deferral in
writing, as he was unable to attend this meeting.
She added that further correspondence in support of the re-zoning is attached to the
report.
PUBLIC COMMENTS
There were no public comments.
COUNCIL COMMENTS AND QUESTIONS
Deputy Mayor Evanitski noted that he spoke with Mr. Schutten, who suggested that setbacks
are contrary to the report. He expressed concern that further delay should not penalize the
applicant.
Councillor Ketchabaw questioned whether the concerns are property lines or setbacks and if
additional fees would be required if another deferral was granted.
The Planning Co-ordinator responded that they would not pay additional fees. She added that
the zoning definition of a kennel allows for a maximum of 4 dogs,however, Council can
reduce the maximum number to three.
ADJOURNMENT
2013-412
Moved by Deputy Mayor Cliff Evanitski
Seconded by Councillor Ed Ketchabaw
"THAT the Public Meeting be deferred, to reconvene on Thursday, October 17,
2013 at 7:45 p.m."
DEFEATED
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Council Minutes October 03, 2013
2013-413
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the Public Meeting be adjourned at 8:05 p.m."
CARRIED
DISPOSITION OF ITEM
2013-414
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the zoning of a parcel of land located at 54726 Calton Line, owned by
Teresa Pressey, be changed from Rural Residential(RR)to site-specific Rural
Residential(RR-23),to permit an animal kennel with a maximum of three(3)
domesticated animals,in addition to all other uses in the RR Zone;
AND THAT Zoning By-Law Z624-2013 be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE
(a) Staff Report DR2013-017 regarding Phillips(Calton)Municipal Drain.
File: E07
The Drainage Superintendent advised that drainage works for the four lots created is a
requirement of the consent approval.
2013-415
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report DR2013-017 regarding the Phillips (Calton)Municipal Drain
be received;
THAT the Council of the Municipality of Bayham acknowledges the receipt of
Report#213137 dated August 30, 2013 for the Phillips (Calton) Municipal Drain,as
prepared by Spriet Associates, and filed with the Clerk on September 17,2013;
THAT Council set a date for the Public Meeting to be held on October 17,2013 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
(b) Staff Report DR2013-018 regarding Corinth Branch B Municipal Drain.
File: E09
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Council Minutes October 03, 2013
2013-416
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Staff Report DR2013-018 regarding the Corinth Branch B Municipal
Drain be received;
THAT the Council of the Municipality of Bayham acknowledges the receipt of
Report#213047dated August 30,2013 for the Corinth Branch B Municipal Drain,
as prepared by Spriet Associates, and filed with the Clerk on September 17, 2013;
THAT Council set a date for the Public Meeting to be held on October 17,2013 at
8:05 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
(c) Staff Report DR2013-019 regarding New England Municipal Drain.
File: E09
The Drainage Superintendent advised that drainage works for the four lots created is a
requirement of the consent approval. The County of Elgin will contribute to the cost as it
will also benefit from the work, addressing drainage issues for the Plank Road(County
road).
2013-417
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Report DR2013-019 regarding the New England Drain be received;
THAT the Council of the Municipality of Bayham acknowledges the receipt of
Report#213124 dated September 18, 2013 for the New England Municipal Drain,
as prepared by Spriet Associates, and filed with the Clerk on September 30, 2013;
THAT Council set a date for the Public Meeting to be held on October 17, 2013 at
8:30 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
(d) Request for Road Closure November 10 from 1:30 p.m. -2:30 p.m. for Armistice Day
Parade.
File: T09
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Council Minutes October 03, 2013
2013-418
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the Council of the Municipality of Bayham approves the request by the
Royal Canadian Legion Branch 524 Port Burwell for permission to use the streets
within Port Burwell for the Armistice Day Parade to be held Sunday,November 10,
2013 at 2:00 p.m., subject to the provision of proof of liability insurance coverage in
the amount of$2 million;
THAT Wellington,Robinson and Pitt Streets from the Legion to the Cenotaph be
temporarily closed during the parade between 1:30 and 2:00 p.m.;
THAT the County of Elgin be requested to approve use of Wellington Street from
Victoria to Robinson;
AND THAT the Bayham Public Works Operations Supervisor be directed to
provide the necessary provisions for traffic control and safety."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#015278 to Cheque#015371 inclusive, except Cheques
#015309, #015348 and#015366 totaling $1,310,368.80 and Payroll Disbursements for
the period ending September 15, 2013 totaling$52,607.93.
2013-419
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the Cheque Register being Cheque#015278 to Cheque#015371 inclusive,
except Cheques #015309,#015348 and#015366 totaling $1,310,368.80 and Payroll
Disbursements for the period ending September 15,2013 totaling$52,607.93 be
approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated September 2013 from Bancroft& Hastings Highlands Disaster
Relief Committee regarding "Ontario Disaster Relief Assistance Program".
File: A16
The Administrator advised that there are no funds left in the general assistance account.
2013-420
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT correspondence from Bancroft& Hastings Highlands Disaster Relief
Committee be received for information;
AND THAT Council approves a donation in the amount of$200.00."
CARRIED UNANIMOUSLY
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Council Minutes October 03, 2013
(c) Staff Memorandum C2013-07 regarding Voters List 2014 Election.
File: C07
The Clerk noted that the addition of the on-line DataFix-Municipal VoterView package
will enhance efforts to ensure the voters' list is more accurate and up to date for the 2014
election. Results will vary depending on participation by electors.
2013-421
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT Staff Memorandum C2013-07 regarding Voters List 2014 be received;
AND THAT Council direct that an additional allocation of$6,235.00 be included in
the 2014 budget for the acquisition of the Municipal Voter View package plus the
two additional modules (1) and (2)."
CARRIED UNANIMOUSLY
(d) Staff Report C2013-08 regarding SCOR Membership.
File: F 1 l
The Administrator noted that local cost would include staff time and appointment of a
representative to the Board.
It was noted that the Elgin County Warden and the CAO would be willing to attend as a
delegation to explain the withdrawal of membership by the County in a closed session.
Concern was raised that a lower tier may not fit as benefits are more focused on the wider
region and the overall benefit to the five county region.
2013-422
Moved by Deputy Mayor C Evanitski
Seconded by Councillor E Ketchabaw
"THAT Staff Report C2013-08 regarding SCOR Membership be received for
information;
AND THAT $5,000 be included in the 2014 budget for Bayham membership in
SCOR."
CARRIED
(e) Staff Report C2013-09 regarding Municipal Office Phone System- Replacement.
File: A07
Ms. Underhill advised Council that the state of the current telephone system in the
municipal office is becoming critical as there is a very limited availability of parts for the
current system.
Three firms were approached to provide a quality system with similar basic options and
capabilities that would support personal pick up of incoming calls,voicemail options,the
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Council Minutes October 03, 2013
ability to operate in an emergency setting and availability of servicing at a reasonable
cost.
2013-423
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor C Evanitski
"THAT Staff be directed to proceed with the purchase and installation of a new
phone system for the municipal office in 2013."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2013-424
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 9:17 p.m. to discuss:
• the security of the property of the municipality or local board;
• labour relations or employee negotiations."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held September 19, 2013.
(c) Confidential correspondence regarding the security of the municipality or local board.
(Project Ojibwa)
File: L07
(d) Confidential Staff Report regarding labour relations or employee negotiations. (Interim
Deputy Fire Chief position)
(e) Out of Camera.
2013-425
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
9:30 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law Z624-2013 A By-Law to further amend By-Law Z456-2003 (Pressev
Rezoning)
(b) By-Law Z625-2013 A By-Law to further amend By-Law Z456-2003 (Phillips
Rezoning)
(c) By-Law 2013-080 A By-Law to amend By-Law 2013-070(Subdivision Agreement
Soreny Farms)
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(d) By-Law 2013-081 A By-Law to authorize the signing of a Subdivision
Agreement (CD Phillips Limited)
2013-426
Moved by Deputy Mayor C Evanitski
Seconded by Councillor W Casier
"THAT the employment agreement with Chris McQuiggan for the position of
interim Deputy Fire Chief be approved;
THAT By-law 2013-083 authorizing an employment agreement with Chris
McQuiggan be added to the agenda;
AND THAT By-laws Z624-2013,Z625-2013, 2013-080,2013-081 and 2013-083 be
read a first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(e) By-Law 2013-083 A By-Law to authorize an employment agreement for the position
of Interim Deputy Fire Chief
(f) By-Law 2013-082 A By-Law to confirm all actions of Council
2013-427
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT confirming By-Law 2013-082 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2013-428
Moved by Councillor W Casier
Seconded by Deputy Mayor C Evanitski
"THAT the Council meeting be adjourned at 9:32 p.m."
CARRIED UNANIMOUSLY
MAYOR CLARK
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