HomeMy WebLinkAboutMarch 15, 2012 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Bayham Community Centre
56169 Heritage Line, Straffordville
March 15, 2012
7:00 PM
7:30 PM Public Meeting -Zoning
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, March
15, 2012 at the Bayham Community Centre. 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, Public Works Manager Gerry LeMay,
Fire Chief/By-Law Enforcement Officer Gord Roesch and Water Wastewater Superintendent
Ed Roloson were in attendance to present their respective reports.
CALL TO ORDER
1.
Mayor Ens called the meeting to order at 7:00 p.m.
(a) Recognition of the Straffordville Community Committee for making Watermelon Fest
one of the events recognized by Festivals and Events Ontario as a top 100 festival in
2011 and winners of the Achievement Award for"Most Innovative Partnership" with
the Municipality of Bayham.
Mayor Ens invited volunteers for the group forward and presented Committee Chairman,
Pauline Schram with a certificate of congratulations. Ms. Schram thanked the Mayor and
supporters of the event and said that winning the award was unexpected andencouraged
others to get involved with the festival, volunteers are always welcome!
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 March 1, 2012.
2012-116
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the minutes of the regular meeting held March 1,2012 be approved as
circulated."
CARRIED UNANIMOUSLY
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Council Minutes March 15, 2012
(b) Minutes of special meeting regarding Ojibwa held March 6, 2012
2012-117
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the minutes of the special meeting of Council held March 6, 2012 be
approved as circulated."
CARRIED UNANIMOUSLY
(c) Minutes of special meeting held March 8, 2012.
2012-118
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the special meeting minutes of March 8,2012 be approved as circulated."
CARRIED UNANIMOUSLY
(d) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
There were no delegations.
2. STATEMENTS BY COUNCIL
None
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
The Administrator noted that there is no further information on the transfer of the water
system.
(b) New Firehall
It was noted that the construction is expected to be completed in early April.
(c) Harbour Divestiture
Comments on the draft peer review report from the Department of Fisheries and Oceans
are expected soon.
5. INFORMATION ITEMS
(a) Invitation to Ontario Small Urban Municipalities(OSUM) Conference May 2 -4,
2012.
File: A04
(b) Minister Responsible for Seniors correspondence dated February 24, 2012 regarding
Senior Achievement Award.
(c) Minister Responsible for Seniors correspondence dated March 1, 2012 regarding
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Council Minutes March 15, 2012
Senior of the Year Award.
File: M02
(d) Ministry of Community Safety& Correctional Services correspondence dated March 1,
2012 in response to OPP policing service costs.
File: P17
2012-119
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT information items 5(a)through 5(d)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT, RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Memo 2012-5 regarding Agriculture Advisory Group(AAG)volunteer letters of
interest.
File: C12
2012-120
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council adopt the terms of reference for the Agriculture Advisory Group
as set out in Staff Memorandum 2012-5;
AND THAT Council appoints the following persons as members of the Group:
Andrew Sebok
Harry Schipper
John Peters
Matt Redsell
Brent Stewart."
CARRIED UNANIMOUSLY
2012-121
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned in order to hold a public meeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
PUBLIC MEETING
7:30 p.m. The purpose of the amendment is to change the zoning from the Agricultural
(Al)Zone to a Special Agricultural(A2)Zone and a site-specific Rural Residential
(RR-20)Zone in the Zoning By-law.
The effect will be to rezone the severed surplus dwelling unit for residential use, while
restricting further dwelling unit development on the retained agricultural lands in
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Council Minutes March 15, 2012
accordance with the Agriculture section of the Official Plan regarding Farm
Consolidation and Surplus Farm Dwellings.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
STAFF PRESENTATION
Staff Report D2012-05 regarding Nasswetter Rezoning Application.
File: D14.NASS
The report was presented by the Planning Coordinator.
PUBLIC COMMENTS
Agent and Planning Consultant for the applicant, David Roe, supported the specific
provisions by staff and offered to answer any questions from Council.
There were no public comments.
COUNCIL COMMENTS AND QUESTIONS
There were no comments or questions from Council.
ADJOURNMENT
2012-122
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Public Meeting be adjourned at 7:35 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2012-123
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the zoning of those lands located in Part Lot 16 Concession 4, identified as
6968 Plank Road be changed from Agricultural(Al) to Special Agriculture (A2)
Zone on the retained lands and a site-specific Rural Residential(RR-20) Zone on
the proposed severed lands to satisfy a condition of Consent E104/11;
AND THAT Zoning By-law Z602-2012 be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE &DRAINAGE
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Building Permit Report for the month ending February 29, 2012.
File: P10
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Council Minutes March 15, 2012
2012-124
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT the building permit report for the month ending February 29, 2012 be
received for information."
CARRIED UNANIMOUSLY
(b) Staff Report PW2012-05 regarding Real Estate Services -2012.
File: C11
The Public Works Manager advised that ten real estate firms had been contacted to
submit an RFP, however, only two had responded.
2012-125
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report PW2012-05 be received;
AND THAT the Municipality of Bayham engage the services of Mr. Chris DeClark,
Century 21,for the sale of surplus municipal properties."
CARRIED UNANIMOUSLY
(c) Staff Report P2012-007 regarding Fire Services Agreement with SWOX.
File: P16
The Fire Chief advised that he had met with South-West Oxford Council and the fire
chief sharing partnership arrangement with Bayham was supported by them. He
commented that benefits would include improved fire education,volunteer training,
promotion of fire safety and cost effective purchasing. Alternate By-law enforcement
arrangements would cost between$19 and $22 per hour.
2012-126
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT Council directs staff to prepare an agreement with SWOX to provide Fire
Chief/CEMC and administration services as outlined in Report P2012-007."
CARRIED UNANIMOUSLY
(d) Request from Honor Wassing on behalf of Periscope Playhouse for permission to use
the baseball diamond in Port Burwell on June 30 for start and finish of a road rally
fundraiser and barbecue.
File: C13
2012-127
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT Council grants permission to the Periscope Playhouse to hold a road rally
and barbecue fundraiser at the Port Burwell baseball diamond subject to:
the provision of a certificte of insurance in the minimum amount of$2 million;
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THAT the Public Works department provide 4 to 6 picnic tables at the park for the
event;
AND THAT the cleanup of the park be the responsibility of the group."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#012072 to Cheque#012162 inclusive, totaling
$225,503.94 and Payroll Disbursements for the period ending March 4, 2012 totaling
$54,634.67.
2012-128
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Cheque Register being Cheque#012072 to Cheque#012162 inclusive,
totaling$225,503.94 and Payroll Disbursements for the period ending March 4,
2012 totaling$54,634.67,be approved."
CARRIED UNANIMOUSLY
(b) Staff Report C2012-05 regarding Vienna Cenotaph Repairs.
File: L12
2012-129
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT Council authorize the submission of an application to Veterans Affairs
Canada for funding assistance for repairs to the War Memorial cenotaph in
Vienna."
CARRIED UNANIMOUSLY
(c) Consideration of Elgin Military Museum request for financial guarantee.
Mayor Ens noted that Council had considered potential benefits of the Ojibwa Project
and made efforts to mitigate risks that may affect the Municipality. He asked that Council
and the public show respect for differing opinions.
Council members provided comments, both in support of and in opposition to acting as
guarantor for the project. Comments expressed included that a lot of thought had gone
into considerations. Negative concerns were that there is opposition by the silent majority
and support comes with an extremely high risk.
Positive comments were that the Elgin Military Museum has a good business plan,
Council has shown due diligence and public input has been received and considered.
2012-130
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
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"Whereas the Department of National Defence has required the Elgin Military
Museum to provide evidence to their satisfaction that that the required funding for
Project Ojibwa has been secured,
And Whereas the Elgin Military Museum has requested the Municipality of
Bayham act as guarantor for such funding,
And Whereas the Council of the Municipality of Bayham is not in a position to
provide such an undertaking,
And Whereas the Council of the Municipality of Bayham remains of the strong
opinion that Project Ojibwa can be a viable project of great benefit to this
municipality and the entire region,
Now Therefore,the Council of the Municipality of Bayham resolves as follows:
1. That the Municipality of Bayham advise the Elgin Military Museum that the
Municipality must decline its' request to provide loan guarantees on behalf of the
Museum for Project Ojibwa,
2. That the Municipality provide its' full support to the Elgin Military Museum to
seek either
(a) extension from the Department of National Defence to provide proof of
financing to allow the Museum to seek further fundraising and other revenue
opportunities, or
(b) release by the Department of National Defence of the HMCS Ojibwa based on
the current business plan and finances put forward by the Museum.
3. That the Municipality of Bayham request Joe Preston,MP to provide his support
to such request."
A Recorded Vote was requested by Councillor Casier
In favour Opposed
Councillor Casier X
Mayor Ens X
Councillor Ketchabaw X
Councillor Southwick X
Deputy Mayor Taylor X
Motion defeated on a vote of 3 to 2 opposed
Mayor Ens asked the Administrator to read a draft agreement proposed with the Elgin
Military Museum for consideration by Council. He noted that the agreement has been
reviewed by the Municipal solicitor and provides clarification of the guarantee and
attempts to mitigate some of the risks. The draft has been circulated to the EMM, who
will consider and may wish to have their own legal review.
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Council Minutes March 15, 2012
2012-131
Moved by Deputy Mayor Taylor
Seconded by Councillor Southwick
"Whereas Section 107 (1) provides "Despite any provision of this or any other Act
relating to the giving of grants or aid by a municipality,subject to section 106, a
municipality may make grants, on such terms as to security and otherwise as
council considers appropriate,to any person, group or body,including a fund,
within or outside the boundaries of the municipality for any purpose that council
considers to be in the interest s of the municipality",
And Whereas Section 107 (2) provides in part that"The power to make a grant
includes the power,(a) to guarantee a loan and to make a grant by way of loan and
to charge interest on the loan",
And Whereas the Department of National Defence has required the Elgin Military
Museum provide evidence to their satisfaction that that the required funding for
Project Ojibwa has been secured,
And Whereas the Council of the Municipality of Bayham desires to assist the Elgin
Military Museum in providing such evidence,
Now Therefore,the Council of the Municipality of Bayham resolves as follows:
1. That the Municipality of Bayham advise the Elgin Military Museum that the
Municipality will provide loan guarantees on behalf of the Museum for Project
Ojibwa,to a maximum of$6 million.
2. That the loan(s) referred to in paragraph 1 above shall be exclusively for
expenses related to the move of HMCS Ojibwa from its current location in Halifax
NS to placement on lands located on the easterly side of the harbour at Port
Burwell, ON,incurred between March 23rd 2012 and September 30,2012.
3.That the provision of such loan guarantee(s) are subject to approval by the parties
of the Guarantor Agreement dated March 15,2012.
A Recorded Vote was requested by Deputy Mayor Taylor
In Favour Opposed
Councillor Casier X
Mayor Ens X
Councillor Ketchabaw X
Councillor Southwick X
Deputy Mayor Taylor X
Motion Carried on a vote of 3 to 2 in favour.
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10. ENVIRONMENT
(a) Port Burwell Area Secondary Water Supply System Annual Report for the period
ending December 31, 2011.
File: E08
2012-132
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the Port Burwell Area Secondary Water Supply System Annual Report for
the period ending December 31, 2011 be received for information."
CARRIED UNANIMOUSLY
(b) 2011 Annual Compliance Summary Report for the Bayham Water Distribution System.
File: E08
2012-133
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the 2011 Annual Compliance Summary Report for the Bayham Water
Distribution System be received for information."
CARRIED UNANIMOUSLY
(c) Staff Report E2012-04 regarding Waste Management Master Plan Implementation—
Waste Collection RFP
File: E07
The Administrator reviewed the report with Council and pointed out that when the
tonnage fees are included,the overall cost of waste management will be reduced by an
estimated$13,000 for Bayham, assuming volumes similar to 2011.
2012-134
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council confirm the recommendation of the Municipal Waste Recycling
Strategy Steering Committee identifying Norfolk Disposal Services Limited as the
preferred proponent for the waste management contract for Bayham, as per the
RFP issued by the municipalities, and the submission by Norfolk Disposal,
AND THAT staff be authorized to complete the necessary contract documents with
Norfolk Disposal for presentation to Council."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2012-135
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 9:02 p.m. to discuss personal matters about an
identifiable individual,including municipal or local board employees."
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CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held March 1, 2012.
(c) Personal matter regarding an identifiable individual (Employment status).
(d) Out of Camera.
2012-136
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the Committee of the Whole do now rise from the "In Camera" session at
9:10 p.m."
CARRIED UNANIMOUSLY
2012-137
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT the resignation from Gerry LeMay. Manager Public Works be accepted
with regret,effective March 30,2012."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-law Z602-2012 A By-law to Further Amend Zoning By-law Z456-2003, as
amended. (Nasswetter)
(b) By-law 2012-033 A By-law to further amend Non-Union Personnel Policy By-law
2002-98
2012-138
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT By-laws Z602-2012 and 2012-033 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
(c) By-Law 2012-034 A By-Law to confirm all actions of Council
2012-139
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"That confirming By-Law 2012-034 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
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13. ADJOURNMENT
(a) Adjournment
2012-140
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 9:13 p.m."
CARRIED UNANIMOUSLY
det/f-et,i
AYOR
CLERK
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