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Home My WebLink AboutMarch 01, 2012 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville March 1,2012 7:00 PM The regular meeting of the Council of the Municipality of Bayham was held on Thursday, March 1, 2012 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Mark Taylor, Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Planning Coordinator/Deputy Clerk Margaret Underhill, Fire Chief/By-Law Enforcement Officer Gord Roesch 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 February 16, 2012. 2012-090 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the minutes of the regular meeting held February 16,2012 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. - John Regan and Glenn Thorel from Elgin Business Resource Centre regarding access to capital programs. John Regan, Manager,noted good news in that the Elgin Business Resource Centre loans program has $2.3 million available for further business investment. He noted that a new office has opened in Aylmer to better serve entrepreneurs in East Elgin. Page 1 of 10 Council Minutes March 01,2012 Glenn Thorel, loans officer, advised that loan funds are available at 7 %2 %— 13%through Industry Canada and Agriculture Canada under the Sand Plains program and can be paid back anytime, without penalty. $994,000 (21%) of the funds has been invested in Bayham. In 2011, 107 new jobs were created in Elgin/St. Thomas. Mr. Regan asked Council to encourage ratepayers to invest in new business opportunities and requested permission to circulate a promotional flyer in municipal mailouts. Council supported the request. (b) 7:20 p.m. -Fran Southwick regarding Engineer's Report Old Vienna Town Hall. Fran Southwick spoke on behalf of Vienna Concerned Citizens group regarding the Engineer's report that recommended demolition of the former Town hall. She asked whether Council had made up its mind to demolish the building and was assured that no decision has yet been made. (c) 7:30 p.m. - Mike Timmermans and Mary McKee regarding Outback Camping and Noise Control By-Law. Mary McKee,the cleaning contractor for Outback Camping in 2011 spoke in support of Mike Timmerman's application for exemption from the Noise By-law. She suggested Mr. Timmerman is businesslike and maintains wellrun and secure family functions. She added that events held there are no different than Tub Daze in Port Burwell. Mr. Timmerman approached Council to seek noise by-law exemptions for the Victoria Day and Canada Day weekends. He commented that the OPP reported that no noise at the road was heard by them when they attended at his property in 2011, in response to complaints, however laid changes anyway. He suggested that revenues of$500,000 are generated locally each weekend an event is scheduled at his establishment. Council members voiced opinions that it was inappropriate to support noise by-law exemptions while there are still outstanding charges to be addressed. 2. STATEMENTS BY COUNCIL Mayor Ens advised that Council had attended the Ontario Good Roads Conference and had good opportunities to network with Councillors from other regions. The Mayor also announced the public meeting scheduled March 6th at the Vienna Community Centre in response to the Elgin Military Museum request to act as a loan guarantor for Project Ojibwa. He invited ratepayers to attend and provide comments. 3. UPDATES ON PROJECTS Richmond Community Water System -Administrator Kruger noted that users are calling with questions and easement agreements are being returned. There is no further word from Richmond Community Water Inc. on the transfer of the system. Page 2 of 10 Council Minutes March 01, 2012 New Firehall—Construction is proceeding on schedule. Harbour Divestiture—Comments on the draft peer review report are being awaited from the Department of Fisheries and Oceans. 5. INFORMATION ITEMS (a) Correspondence dated February 18, 2012 from Long Point Region Conservation Authority regarding "Flood Terminology Update". File: A16 (b) Bayham Harbourfront Committee minutes of meeting held January 17, 2012. File: C06 (c) Museums Bayham minutes of meeting held February 8, 2012. File: C06 (d) Bayham Community Centres Committee minutes of meeting held February 22, 2012. File: C06 (e) Long Point Region Conservation Authority Board of Directors minutes of meeting held February 1, 2012. File: A16 (f) Correspondence dated February 12, 2012 from Ontario Urban Forest Council regarding "Emerald Ash Borer". File: E06 2012-091 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT information items 5(a) through 5(f) be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM (a) Staff Report PW2012-04 regarding "Maintenance of Municipal Beach". File: F18 2012-092 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT the Request for Tenders for Maintenance of Municipal Beach be abandoned due to the cost factor." CARRIED UNANIMOUSLY Page 3 of 10 Council Minutes March 01, 2012 (b) Staff Report D2012-03 regarding "Official Plan". File: D08.OPREVO7 2012-093 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT Staff Report D2012-03 regarding the status of Official Plan Amendment No. 10 and consolidated Official Plan be received; AND THAT the technical corrections as noted in the report be acknowledged." CARRIED UNANIMOUSLY (c) Staff Report D2012-04 regarding "Morrison Consent E7/12". File: D10.12 Morrison Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct. 2012-094 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT Council recommend to the Elgin County Land Division Committee the consent application E7/12, submitted by Elwood and Marion Morrison,be granted subject to the following conditions: 1. copy of the final survey be provided to the municipality 2. Letter of Undertaking providing for the consolidation of the severed parcel with the adjacent property as per the application 3,. rezoning of both the retained and consolidated lands to conform to the Zoning By-law requirements." CARRIED 7. ROADS,AGRICULTURE & DRAINAGE (a) Staff Report DR2012-001 regarding "Petition for Drainage from Peter Retsinas". File: E09 2012-095 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk on February 16, 2012 of the Petition for drainage works by Peter Retsinas; AND THAT Council wishes to proceed with this matter and appoints Spriets Associates, Engineers,to prepare a report on the proposed drainage area which is to be included with their report regarding the improvements to the Meuller Municipal Page 4 of 10 Council Minutes March 01, 2012 Drain, pursuant to Section 5 and Section 8(4) of the Drainage Act, for Council's consideration." CARRIED UNANIMOUSLY (b) Staff Report PW2012-02 regarding "Landscaping Services -2012". File: L04 2012-096 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-Law 2012-024, being a by-law to authorize an agreement with Wilson Lawn Care and Snow Removal and By-Law 2012-027,being a by-law to authorize an agreement with Natures Choice Lawn Care and Irrigation for landscaping services, be presented to Council for enactment." CARRIED UNANIMOUSLY 8. PROPERTY, BUILDING& PROTECTIVE SERVICES (a) Correspondence dated February 10, 2012 from Spriet Associates regarding "Vienna Town Hall Building Structural Inspection". File: A20 The Vienna Concerned Citizens volunteer group was given the opportunity to pursue funding assistance and asked to report back to Council the first Council meeting in September. Council will then consider other options if no progress is being made. 2012-097 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the correspondence dated February 10,2012 from Spriet Associates regarding the "Vienna Town Hall Structural Inspection" be received for information." CARRIED UNANIMOUSLY (b) Staff Report PW2012-03 regarding "Food Concession Vendors". File: F18 2012-098 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT By Law No 2012-026 to authorize an agreement with C.Valerie Donnell for Food Concession Vendor services be presented to Council for enactment." CARRIED UNANIMOUSLY Page 5of10 Council Minutes March 01, 2012 (c) Staff Report P2012-005 regarding "Exemption for Noise". (Includes Application for Exemption from By-Law 2001-057 from Outback Camping) File: L13 2012-099 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the application from Mr. Timmermans for exemption from Noise By-law 2001-057 be rejected." CARRIED 9. FINANCE,ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque#012014 to Cheque#012071 inclusive, totaling $116,725.78 and Payroll Disbursements for the period ending February 19, 2012 totaling $57,255.56. 2012-100 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Cheque Register being Cheque#012014 to Cheque#012071 inclusive, totaling$116,725.78 and Payroll Disbursements for the period ending February 19, 2012 totaling$57,255.56 be approved." CARRIED UNANIMOUSLY (b) Correspondence dated February 8, 2012 from Otter Valley Chamber of Commerce 2012 President, Rainey Weisler regarding "WIFI on the Beach- Port Burwell. File: C13 2012-101 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Council consider support for WIFI on the beach in the amount of$450 during budget considerations." CARRIED UNANIMOUSLY (c) Correspondence dated February 23, 2012 from Township of Malahide Fire Services regarding "Elgin County Fire Services Dispatch Agreement". File: L04 2012-102 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw Page 6of10 Council Minutes March 01, 2012 "THAT Council supports the Elgin County Fire Servcies Dispatch Agreement between Elgin County lower tier municpalities and the Town of Tillsonburg; AND THAT By-law 2012-028,being a by-law to authorize the execution of the Agreement with the Town of Tillsonburg, be presented to Council for enactment." CARRIED UNANIMOUSLY (d) Staff Report C2012-02 regarding "Cemetery Care Services Renewal". File: L04 2012-103 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT By-Law 2012-002,being a by-law to renew the agreement with Len Froese o/a Ground Effects Landscape & Design for cemetery care services, be presented to Council for enactment." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Elgin Area Primary Water Supply System 2011 Annual Report. File: E08 The Administrator reviewed and discussed the report with Council. As the goal is to encourage reuse and recycling and reduce garbage going to landfill, mixed waste will be discouraged. It was agreed that commercial users will initially be allowed tags based on an average of 4 bags per week. 2012-104 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Elgin Area Primary Water Supply System annual report for the year ending December 31, 2011 be received for information." CARRIED UNANIMOUSLY (b) Staff Report E2012-03 regarding "Waste Management Master Plan Implementation - Waste Collection By-law and Bag Tags". File: E07 The Administrator reviewed and discussed the report with Council. As the goal is to encourage reuse and recycling and reduce garbage going to landfill, mixed waste will be discouraged. It was agreed that commercial users will initially be allowed tags based on an average of 4 bags per week. Page 7 of 10 Council Minutes March 01, 2012 2012-105 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT By-law No. 2012-029,being a By-Law,as amended to incude 4 bags entitlement for commercial, for the provision of Waste Collection and Recycling in the Municipality of Bayham,be presented to Council for enactment." CARRIED UNANIMOUSLY 2012-106 Moved by Deputy Mayor M Taylor Seconded by Councillor T Southwick "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 March 1,2012." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2012-107 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 10:40 p.m. to discuss: • personal matters about an identifiable individual, including municipal or local board employees; • litigation or potential litigation,including matters before administrative tribunals, affecting the municipality or local board." CARRIED UNANIMOUSLY (e) Confidential Staff Report regarding labour relations or employee negotiations. (Customer Service Clerk/Receptionist) (1) Out of Camera. 2012-108 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 11:05 p.m." CARRIED UNANIMOUSLY Page 8 of 10 Council Minutes March 01, 2012 12. BY-LAWS (a) By-Law 2012-002 A By-Law to authorize the execution of an agreement (Froese/ Ground Effects) (b) By-Law 2012-024 A By-Law to authorize the execution of an agreement (Wilson Lawn Care &Snow Removal) (c) By-Law 2012-026 A By-Law to authorize the execution of an agreement (Donnell) (d) By-Law 2012-027 A By-Law to authorize the execution of an agreement (Natures Choice) (e) By-Law 2012-028 A By-Law to authorize the execution of an agreement (Provision of Fire Communication Services) (f) By-Law 2012-029 A By-Law for the provision of Waste Collection and Recycling in the Municipality of Bayham 2012-109 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw "THAT By-laws 2012-002, 2012-024, 2012-026, 2012-027,2012-028 and 2012-029 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (g) By-Law 2012-030 A By-Law to confirm all actions of Council 2012-110 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT confirming By-Law 2012-030 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2012-111 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw • "THAT the Council meeting be adjourned at 11:07 p.m." CARRIED UNANIMOUSLY Page 9 of 10 Council Minutes March 01, 2012 MA O CLERK Page 10 of 10