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HomeMy WebLinkAboutFebruary 16, 2012 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville February 16, 2012 7:00 PM 8:00 PM PUBLIC MEETING—BUILDING FEES BY-LAW The regular meeting of the Council of the Municipality of Bayham was held on Thursday, February 16, 2012 in the Council Chambers. Present were Deputy Mayor Mark Taylor, Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw,Administrator Kyle Kruger and Clerk Lynda Millard. Mayor Paul Ens was absent. Treasurer David Aristone, Planning Coordinator/Deputy Clerk Margaret Underhill, Public Works Manager Gerry LeMay, Chief Building Official/Drainage Superintendent Bill Knifton and Water Wastewater Superintendent Ed Roloson were in attendance to present their respective reports. 1. CALL TO ORDER Deputy Mayor Taylor 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 January 26, 2012. 2012-063 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the minutes of the regular meeting held January 26, 2012 be approved as circulated." CARRIED UNANIMOUSLY (b) Minutes of Budget meeting of Council held January 30, 2012. 2012-064 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the minutes of the Budget meeting held January 30, 2012 be approved as circulated." CARRIED UNANIMOUSLY Page 1 of 12 Council Minutes February 16, 2012 (c) Minutes of the regular meeting of Council held February 2, 2012. 2012-065 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the minutes of the regular meeting of Council held February 2,2012 be approved as circulated." CARRIED UNANIMOUSLY (d) Minutes of the special meeting of Council held February 4, 2012. 2012-066 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT the minutes of the special meeting held February 4,2012 be approved as circulated." CARRIED UNANIMOUSLY (e) Minutes of the Budget meeting held February 7, 2012. 2012-067 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the minutes of the budget meeting held February 7,2012 be approved as circulated." CARRIED UNANIMOUSLY (0 Added Item(s) There were no items added to the agenda. 4. DELEGATIONS, STATEMENTS AND UPDATES 1. Delegations (a) 7:05 p.m. - Steve Evans, Manager of Planning, County of Elgin and Mark Stone from Meridian Planning Consultants regarding draft County Official Plan(previously circulated). File: D08 Mr. Evans noted that the draft Official Plan for the County of Elgin has been widely circulated and staff are seeking feedback from the public. A public information gathering meeting will be held in early March. Mid-April is proposed for adoption of the OP by County Council. He introduced Mark Stone who provided a powerpoint overview of the first Official Plan for the County which is divided into four parts. The Parts are as follows: Page 2 of 12 Council Minutes February 16, 2012 • Part A—Community Vision, Goals&Strategic Objectives; Part B—Land Use Designations & Overlays; Part C—General; • Part D—Implementation. It was noted that the County OP is geared to complement the individual lower tier Official Plans and puts a strong emphasis on the agricultural sector and encourages economic development and tourism. The local OP is open to local Council interpretation in areas such as value-added agricultural uses. The Provincial approval process takes six months. (b) 7:30 p.m. -Dan McNeil & Ian Raven, Elgin Military Museum regarding update for Ojibwa Project. Dan McNeil, Ojibwa Project Co-ordinator(Rear Admiral retired) introduced a Director for the Elgin Military Museum Board, the former Bayham Mayor Lynn Acre and Executive Director Ian Raven. Handouts were provided for Council members. Mr. McNeil provided some history and background on his naval career and involvement with submarines. He admitted his lack of fundraising knowledge and how to secure a financial guarantor for six million dollars, a Department of National Defence requirement,necessary to secure the Ojibwa submarine. In response to the lifespan of the Ojibwa project he stated that the plan to have the sub placed in a cradle out of the water, as proposed, is a vital part of risk mitigation. Mr. McNeil noted that the Elgin Military Museum does not have the ability to manage the "Construction and Move" elements of the project, however have hired the Canadian Navy's preferred contractor"BMT Fleet Technology"to do the work. Mr. McNeil stated that Project Ojibwa is proposed to be self-funded on the basis of a commercial loan of$5 million at 5.5% interest(25 years) with a reduction to zero within 5 years. Council will need to affirm whether they are prepared to take on the responsibility for completion and/or operation of the project should the museum fail. Mr. McNeil commented that the final draft of the report by the Ivey Business School, focusing on marketing and sponsorship, has been completed. The audited financial statements for the Elgin Military Museum have been completed for 2010 and are available to the public; 2011 will be completed in 2012. Mr. McNeil suggested that the Elgin Business Resource Centre is sufficiently independent and capable of assessing the Elgin Military Museum's fundraising plan. He commented that the Bellchamber Report shows that the Municipality has the authority to guarantee a line of credit for the Elgin Military Museum. Council agreed to alter the agenda to discuss item 9(i) Page 3 of 12 Council Minutes February 16, 2012 2. Statements By Council Councillor Ketchabaw noted that the audit committee has reviewed the 2011 financial records for the Long Point Region Conservation Authority and has found them in good order and under budget. 3. Updates On Projects (a) Richmond Community Water System Administrator Kruger noted that municipal ownership of the Richmond Water System must be completed prior to transfer of funds for the upgrades to the system. Legal documents are ready to be signed and easement requests have been mailed to property owners who have water pipelines on their lands for execution. OSWAP funds must be utilized by February 2013. (b) New Firehall It was noted that there are no issues with the new firehall, work is on schedule and should be completed in late March or early April. (c) Harbour Divestiture The Administrator advised that the peer review of harbour studies has been completed by Stantec and is in draft form. Comments from the Department of Fisheries and Oceans are being solicited. 5. INFORMATION ITEMS (a) Elgin St. Thomas Public Health correspondence dated January 23, 2012 regarding Potential Human Rabies Exposure: Provincial Reporting Requirements. File: Al6 (b) Elgin County correspondence dated January 25, 2012 regarding invitation to Warden's Charity Golf Tournament. File: A16 (c) Ministry of Citizenship and Immigration dated January 2012 regarding Newcomer Champion Awards. File: M02 (d) Ministry of Citizenship& Immigration correspondence dated January 2012 regarding Lincoln M. Alexander Award. File: M02 (e) Bayham Historical Society minutes of meeting held January 12, 2012. File: C06 (f) Long Point Region Conservation Authority minutes of meeting held January 11, 2012. File: C06 Page 4 of 12 Council Minutes February 16, 2012 (g) Elgin County Woodland Clearing Rules from Jeff Lawrence, Tree Commissioner. P01 (h) Town of Halton Hills resolution dated January 23, 2012 supporting Private Member's Bill to pave highway shoulders. File: C10 (i) Media Release dated February 7, 2012 regarding SCOR members meet with Regional MP's. File: M06 (i) News Release dated February 10, 2012 regarding "What you do behind the wheel is a big deal" says OPP. File: M06 (k) Aylmer Chamber of Commerce membership letter, Chamber Chatter, Winter 2012 edition and Jesse's Journey Defeat Duchnne muscular dystrophy information. File: A01 2012-068 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT information items 5(a) through 5(k) be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM (a) Request from Gillian Davey, Davey's Locker Productions,to hold a pantomime play on the east beach on Canada Day, July 1st at approximately 3:00 p.m. File: C13 2012-069 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "That Davey's Locker Productions be permitted to hold a play on the east beach in Port Burwell on Canada Day, Sunday July 1st at approximately 3:00 p.m., subject to provision of proof of liability insurance coverage in the minimum amount of $1,000,000, naming the Municipality of Bayham as an additional insured; AND THAT the Manager of Public Works take the necessary steps to ensure traffic safety." CARRIED UNANIMOUSLY Page 5 of 12 Council Minutes February 16, 2012 (b) Staff Memorandum D2012-02 regarding Potential Working Group - Agricultural Advisory Group. File: D14 2012-070 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT an Agricultural Advisory Group be established to focus on "value-added agricultural uses" as outlined in Staff Memorandum D2012-02." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE &DRAINAGE (a) Staff Report PR2012-03 regarding Road Closure Applications- Elgin Street/Donnelly Drive. File: T09 2012-071 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT no further action be taken regarding the closure and conveyance of the Donnelly Drive and Elgin Street road allowances subject of reports PR2012-01 and PR2012-02 respectively." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING& PROTECTIVE SERVICES (a) Building Permit Report for the month ending January 31, 2012. File: P10 2012-072 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the Building Permit Report for the month ending January 31,2012 be received for information." CARRIED UNANIMOUSLY (b) 8:00 p.m. - Staff Report P2012-002 regarding Building By-law 2012-010. (Opportunity for public input) File: CO1 Bill Knifton, Chief Building Official outlined the proposed changes to the building by-law, noting that Bayham does not have development fees and proposed rates are still on the low side compared to other municipalities. Page 6 of 12 Council Minutes February 16, 2012 Wanda Hoshal inquired why the plumbing permit flat rate is increasing from $12 to $80. The Chief Building Official responded that it is based on cost recovery for his time spent on the inspection. There were no further questions or comments. 2012-073 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT By-law 2012-010, being a By-law to regulate building construction, demolition, change of use permit, septic systems, sewer connection permits and inspections, be presented for enactment." CARRIED UNANIMOUSLY (c) County of Elgin memo dated January 26, 2012 regarding OPP 2012 estimated policing costs and PSB Budget. File: F05 2012-074 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the OPP 2012 policing cost estimates and the Elgin County Police Services Board Budget for 2012 be approved." CARRIED UNANIMOUSLY (d) Request from A. J. Davey, Trinity Anglican Church for permission to have a fire on the east beach on Easter Sunday April 8, 2012 at approximately 7:00 a.m. File: C13 2012-075 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the request from A.J.Davey on behalf of the Trinity Anglican Church to have a fire on the east beach on Sunday April 8,2012 for the Easter Service at 7:00 a.m. be approved, subject to provision of proof of liability insurance coverage naming the Municipality of Bayham as an additional insured in the minimum amount of$2,000,000; AND THAT a burn permit be provided." CARRIED UNANIMOUSLY Page 7 of 12 Council Minutes February 16, 2012 9. FINANCE,ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque#011910 to Cheque#012013 inclusive,totaling $518,498.91 and Payroll Disbursements for the period ending Feb. 05, 2012 totaling $53,587.18. 2012-076 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Cheque Register being Cheque#011910 to Cheque#012013 inclusive, totaling$518,498.91 and Payroll Disbursements for the period ending Feb 5, 2012 totaling$53,587.18 be approved." CARRIED UNANIMOUSLY (b) Ontario 9-1-1 Advisory Board correspondence dated February 7, 2012 requesting financial assistance. File: D19 2012-077 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Council assistance to the Ontario 9-1-1 Advisory Board in the amount of $100 be considered during budget discussion." CARRIED UNANIMOUSLY (c) Staff Report C2012-04 regarding new Rates and Fees By-law 2012-022. File: C11 2012-078 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT By-law 2012-022, being a by-law to impose rates and fees in the Municipality, be presented for enactment." CARRIED UNANIMOUSLY (d) Staff Report F2012-04 regarding 2011 Council Remuneration&Expenses. File: F03.03 2012-079 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Staff Report F2012-04 be received for information." CARRIED UNANIMOUSLY Page 8 of 12 Council Minutes February 16, 2012 (e) Staff Report F2012-03 regarding Water& Sewer Rates. File: F05.11 2012-080 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Bylaw 2011-016 being a by-law to set water and sewer rates be maintained; AND THAT the Richmond Water System flat fee of$912 per year be confirmed for 2012." CARRIED UNANIMOUSLY (f) Staff Report C2012-03 regarding Civil Marriage Officiant Services Renewal. File: L12 2012-081 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT By-law 2012-019,being a by-law to authorize renewal of an agreement with Marion F. Rogers for the provision of marriage officiant services, be presented to Council for enactment; AND THAT By-law 2012-020,being a by-law to authorize the renewal of an agreement with Jack C.Wharram Jr. for the provision of marriage officiant services, be presented to Council for enactment." CARRIED UNANIMOUSLY (g) Staff Report L2012-03 regarding Union Gas Franchise Agreement. File: L04 2012-082 Moved by Councillor W Casier Seconded by Councillor T Southwick "1. THAT Council approves the form of draft By-law No. 2012-021 and franchise agreement with Union Gas Limited as attached to Report L2012-03 and authorizes submission to the Ontario Energy Board pursuant to the provisions of Section 9 of the Municipal Franchises Act. 2. THAT Council request that the Ontario Energy Board make an Order declaring and directing that the assent of the municipal electors to the By-law and franchise agreement pertaining to the Corporation of the Municipality of Bayham is not necessary pursuant to the provisions of Section 9(4) of the Municipal Franchises Act. Page 9 of 12 Council Minutes February 16, 2012 3. THAT By-law 2012-021 be presented for a first and second reading." CARRIED UNANIMOUSLY (h) Staff Report H2012-03 regarding County Accessiblity Coordinator. File: H05 2012-083 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the County of Elgin initiative regarding the hiring of an Accessibility Coordinator be supported; AND THAT the County be advised that the Municipality of Bayham is interested in receiving advisory and coordinating assistance from the County, through an Accessibility Coordinator,in matters related to accessibility; it being noted that such assistance would be at no additional cost to the Municipality." CARRIED UNANIMOUSLY (i) Staff Memorandum dated Feburary 13, 2012 and Report from Nigel Bellchamber regarding Project Ojibwa Financial Guarantee- Impact Analysis. File: D06 The Administrator confirmed that the Museum must provide proof of secured funding for the DND's proposed $6 million project cost by March 23, 2012. The Municipality is being asked to guarantee up to that amount in writing. He commented there is no proposed capital outlay as the Museum proposes to finance the project by loans and fundraising. He advised that he has spoken to the Ministry of Municipal Affairs and the municipal solicitor and provided debenture schedules over a 20 year period. If Council supports the proposal it will take approximately two weeks to complete the agreements. The Museum does not have sufficient assets on its own to secure the required funding. Discussion followed. 2012-084 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT the Staff Memorandum and the Report from Nigel Bellchamber regarding Project Ojibwa impact analysis be received; AND THAT a Public Meeting to consider the Elgin Military Museum request further be scheduled for March 6,2012 at 7:00 p.m." CARRIED UNANIMOUSLY Page 10 of 12 Council Minutes February 16, 2012 2012-085 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT in accordance with Section 12 of Procedural By-law 2002-93, Council shall deal with business until 11 p.m. at its meeting of February 16, 2012." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Staff Report E2012-02 regarding Household Hazardous Waste/Large Item Disposal. File: E09 2012-086 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the 2012 Household Hazardous Waste and Large Item Drop-off Day be arranged for Saturday May 26th,2012; AND THAT Clean Harbors Canada Inc. be retained to manage the Hazardous Waste Drop-off collection and disposal." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. (b) Out of Camera. 12. BY-LAWS (a) By-law 2012-010 A By-law to Regulate Building &Establish Fees (b) By-law 2012-018 A By-law to further amend 2002-98 (Non-Union Personnel Policy) (c) By-law 2012-019 A By-law to renew an agreement for civil marriage officiant services. (Rogers) (d) By-law 2012-020 A By-law to renew an agreement for civil marriage officiant services. (Wharram) (e) By-law 2012-021 A By-law to authorize a franchise agreement with Union Gas. (First & Second reading only) (0 By-law 2012-022 A By-law to impose Rates&Fees (g) By-law 2012-023 A By-law to adopt Capital Estimates for 2012 Page 11 of 12 Council Minutes February 16, 2012 2012-087 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-law 2012-021 be read a first and second time; AND THAT By-laws 2012-010, 2012-018, 2012-019, 2012-020, 2012-022 and 2012- 023 be presented to Council for enactment." CARRIED UNANIMOUSLY (h) By-Law 2012-016 A By-Law to confirm all actions of Council 2012-088 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT confirming By-Law 2012-016 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2012-089 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the Council meeting be adjourned at 10:55 p.m." CARRIED UNANIMOUSLY YOR CLRK Page 12 of 12