HomeMy WebLinkAboutApril 05, 2012 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
April 05,2012
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, April
5, 2012 in the Council Chambers. Present were Mayor Paul Ens, Deputy Mayor Mark Taylor,
Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw and Clerk Lynda Millard.
Planning Coordinator/Deputy Clerk Margaret Underhill, 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
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
(a) Minutes of the regular meeting held March 15, 2012.
2012-143
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the minutes of the regular meeting held March 15, 2012 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the Budget meeting of Council held March 29, 2012.
2012-144
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the minutes of the Budget meeting held March 29,2012 be approved as
circulated."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. - Brad Fishleigh, Detachment Commander, Elgin County OPP regarding
2011 year end report.
Page 1 of 12
Council Minutes April 05, 2012
Detachment Commander Fishleigh noted that five new, experienced officers recently
joined the force along with two new recruits who are completing their training in Orillia.
He noted that the Elgin Group was not charged for extra hours over budget for two
officers in 2011. He added that the issue of increased fees for services such as Criminal
record checks has not yet been resolved.
(b) 7:30 p.m. -Noel and Sita Hayes and Bob and Nancy Lozon regarding the high cost of
water and sewage connections.
File: C13
The Hayes and Lozons were in attendance to complain that water service connections
that are costing them$400 to $500 bi-monthly are too high.
Sita Hayes noted that she and her husband Noel operate the Kingfisher Bait Shop and
Cottage rentals consisting of five inter-connections on their property serviced by one
water meter connection. Their billing is$717 bi-monthly for a total of approximately
$4,500 per year.
Bob Lozon noted that he and his wife rent winterized accommodations three to four
months per year. He added that they are serviced by one water meter at a cost of between
$400 and$500 bi-monthly.
It was commented that changes implemented by Council to prevent larger consumers
from being subsidized by small users are fairer, however,provided inequities for some
other users. Mr. Lozon said that there is a shortage of places to stay overnight and
suggested it would be fairer to have billings reflect those of establishments like Grey
Gables who pay only one fee.
It was mentioned in another situation that eight full time rentals units are being charged
for one connection only. It was suggested that all rented properties be treated the same.
Direction was given that staff review options to accommodate the complainants and
report back how all such rental properties are charged.
2. STATEMENTS BY COUNCIL
Mayor Ens noted that the 2011 census results have been published and that the provincial
rural growth average of 1.2%has been surpassed by Bayham at 3.9%. Some local areas have
experienced negative growth rates.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
Water/Wastewater Superintendent Ed Roloson advised Council that the Richmond Board
has signed off and the transfer documents are in the hands of their lawyer. Packages have
been circulated regarding easements for water service lines. He added that Stantec and
Hayden are ready to go as soon as the transfer is complete. The MOE deadline is
December 2012 and an extension may not be granted.
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Council Minutes April 05, 2012
(b) New Firehall
The new Port Burwell firehall will have a grand opening on Saturday, April 21 and will
be open to the public between 11:00 a.m. and 3:00 p.m.
(c) Harbour Divestiture
It was noted that the Stantec Peer Review will be considered in the closed session.
5. INFORMATION ITEMS
(a) Correspondence dated March 19, 2012 regarding Report on Activities from SCOR
Economic Development Corporation.
File: A01
(b) Museums Bayham minutes of meeting held March 14, 2012.
File: C06
(c) Minutes of Vienna Concerned Citizens group meeting held February 22, 2012.
File: C06
(d) Harbourfront Committee minutes of meeting held March 13, 2012.
File: C06
(e) Ontario Building Officials Association correspondence dated March 13, 2012
regarding OBOA Strategic Plan 2012.
File: A01
(f) HKMB HUB International correspondence dated March 12, 2012 regarding insurance
coverage for festivals and events.
File: A01
(g) Canadian Interviews Portrait of Canada, one interview at a time "Get to Know Project
Ojibwa".
File: D06
(h) Ojibwa Media coverage dated March 17, 2012.
File: D06Ojibwa
(i) Active Elgin Day correspondence dated March 22, 2012 and free event listing
encouraging physical activity.
File: A01
co City of Mississauga correspondence dated March 12, 2012 regarding
Telecommunication Tower/Antenna Facilities.
File: C10
(k) Invitation to Ontario Association of Fire Chiefs Municipal Politicians Seminar.
File: A04
(1) Bayham Community Policing Committee minutes of meeting held March 7, 2012.
File: C06
(m) Notice of Grand Opening of new Port Burwell fire station 55451 Nova Scotia Line on
April 21, 2012, 11:00 a.m. - 3:00 p.m.
File: M02
2012-145
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
Page 3 of 12
Council Minutes April 05, 2012
"THAT information items 5(a) through 5(m) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT, RECREATION& TOURISM
(a) Staff Memorandum 2012-6 regarding Council appointment to Agriculture Advisory
Group.
File: D14.AAG
The Planning Co-ordinator noted that the Agricultural Advisory Group p had already met
on Tuesday and would meet again on April 16th.
2012-146
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT Councillor Wayne Casier be appointed as the Council Member
representative to the Agriculture Advisory Group."
CARRIED UNANIMOUSLY
(b) Elgin County Land Division Committee Notice of Decision re Elwood&Marion
Morrison application no. E7/12.
File: D10
The Planning Co-ordinator advised that the Land Division Committee was of the opinion
that the Morrison consent application did not comply with the Provincial Policy
Statements. Mr. Roe has been hired and will be making a resubmission with changes to
further justify the application.
2012-147
Moved by Councillor T Southoouthwick
Seconded by Councillor W Casier
" THAT the Land Division Committee Notice of Decision regarding application no.
E7/12 be received for information."
CARRIED UNANIMOUSLY
(c) Staff Report D2012-07 regarding Graydon/ 1173644 Ontario Inc/Genuine
Transportation Site Plan Agreement.
File: LO4GRAY
2012-148
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Staff Report D2012-07 regarding the Genuine Transportation Inc.
(Graydon) Site Plan Agreement be received;
AND THAT the lapse date of the Agreement, as authorized by By-law 2004-095,be
extended for a two year period ending April 5,2014."
CARRIED UNANIMOUSLY
Page 4 of 12
Council Minutes April 05, 2012
(d) Staff Report D2012-06 regarding Ascent Solutions Site Plan/By-law 2012-044.
File: D 11 ASCE
2012-149
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT By-law No. 2012-044, being a By-law to authorize the execution of a Site
Plan Agreement between Ascent Solutions Inc. and the Municipality of Bayham be
presented for enactment."
CARRIED UNANIMOUSLY
(e) Request from Councillor Southwick for discussion regarding Ojibwa arrival day
preparation.
It was questioned whether a volunteer committee should be established to co-ordinate
efforts for the safe arrival of the Ojibwa. It was remarked that the Fire Chief consider
contacting Norfolk County for tips on Friday the 13th traffic control in Port Dover. It
was noted that the Elgin Military Museum has budgeted $50,000 for safety on the
proposed sub arrival day September 6.
It was agreed that a letter be sent to the Military Museum offering to work together with
them.
7. ROADS,AGRICULTURE & DRAINAGE
(a) Staff Report PW2012-06 regarding additional Landscaping Services.
File: L04
It was questioned whether additional funds need to be allocated in the draft operating
budget to cover the additional contract costs. Staff was requested to look into.
2012-150
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT By Law 2012-035 amending the agreement with Wilson Lawn Care and
Snow Removal and By-Law
2012-036 amending the agreement with Natures Choice Lawn Care and Irrigation
be presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report PW2012-07 regarding Road Repairs-Future Capital- Sandytown Road.
File: T04
It was commented that upgrades to Sandytown Road are cost prohibitive, however if the
drainage issue isn't addressed the road may wash out. Staff are to look at this right away.
2012-151
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Staff Report PW2012-07 regarding Road Repairs, Future Capital-
Sandytown Road be received for information."
Page 5 of 12
Council Minutes April 05, 2012
CARRIED UNANIMOUSLY
(c) Staff Report DR2012-002 regarding Magyar-Dieleman Drain Improvements.
File: E09
2012-152
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT Staff Report DR2012-002 regarding the Magyar-Dieleman Municipal
Drain be received;
AND THAT Council appoints Spriet Associates as the Engineers to make an
examination of the drainage area and prepare a report for Council's
consideration."
CARRIED UNANIMOUSLY
(d) Staff Report DR2012-003 regarding the Casier Drain-Froggett Branch.
File: E09
It was noted that the County of Elgin is assessed for 50.7% of the costs.
2012-153
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT the Council of the Municipality of Bayham acknowledges the receipt of
Report#209381 dated March 23, 2012 for the Casier Drain—Froggett Branch, as
prepared by the Engineer, Spriet Associates, and filed with the Clerk on March 30,
2012;
THAT Council set a date for the Public Meeting to be held on April 19,2012 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
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Email correspondence from Fran Southwick requesting permission for Vienna
Concerned Citizens Group to place a banner on the Vienna old Town Hall,use the
Vienna Memorial Park on May 19 and the Community Centre parking lot on August
11.
File: C13
Council agreed that they would like to see a drawing for a proposed banner to be placed
on the building. The group may be able to team up with another local organization for
insurance coverage.
Page 6 of 12
Council Minutes April 05, 2012
2012-154
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT non-exclusive permission be given for the Vienna Concerned Citizens
Group to use the Vienna Memorial Park on May 19th and the north end of the
parking lot at the Vienna Community Centre.on August 11th between 8:00 a.m. and
4:00 p.m., subject to proof of liability insurance coverage naming the Municipality
as an additional insured in the minimum amount of$2 million dollars;
AND THAT cleanup of the sites be the responsibility of the organizers."
CARRIED UNANIMOUSLY
(b) Staff Memorandum dated April 5, 2012 regarding Proposal for Services -Building
Permit Fees-Elgin County Municipalities.
File: F05
2012-155
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Council does not support the hiring of a consultant to review Building
Permit fees."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION &PERSONNEL
(a) Cheque Register being Cheque#012163 to Cheque#012256 inclusive, totaling
$1,524,524.52 and Payroll Disbursements for the period ending March 18, 2012
totaling$58,861.03.
It was noted that the final payment on the sewer loan is included. Cheque# 012236 is to
be checked whether it may be a duplication.
2012-156
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the Cheque Register being Cheque#012163 to Cheque#012256 inclusive,
except#012236,totaling $1,524,008.87 and Payroll Disbursements for the period
ending March 18,2012 totaling $53,861.03 be approved."
CARRIED UNANIMOUSLY
(b) Invitation to Council from the County of Elgin to attend an afternoon session on April
24, on Code of Conduct.
File: A04
Mayor Ens will attend the session.
(c) Straffordville Evangelical Mennonite Church correspondence dated March 29, 2012
regarding purchase of property.
File: C13
Page 7 of 12
Council Minutes April 05, 2012
2012-157
Moved by Councillor,W Casier
Seconded by Councillor E Ketchabaw
"THAT the matter be referred to staff for review and comment back to Council."
CARRIED UNANIMOUSLY
(d) Staff Memoandum 2012-7 Alus (Alternative Land Use Service) Partnership Advisory
Group.
File: C12
Councillor Ketchabaw commented that Cliff Evanitski of the LPRCA has been working
with David Reid and the Norfolk ALUS Stewardship Council to extend the program into
Bayham. $100,000 has been secured and another foundation grant of$100,000 is
pending. The purpose is to take marginal land out of production and get paid for doing
so. The Long Point Region Conservation Authority is providing in kind staff support.
Staff was directed to send a letter of appreciation in having Bayham included in the
program.
2012-158
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Councillor Wayne Casier be appointed to the ALUS Partnership Advisory
Group to represent the Council of the Municipality of Bayham."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Ministry of the Environment correspondence dated March 16, 2012 regarding
Richmond Community Water Inc. (Waterworks#260074854)Well Supply Inspection
Report conducted on February 29, 2012
2012-159
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Richmond Community Water Inc. Well Supply Inspection Report be
received for information."
CARRIED UNANIMOUSLY
(b) Ministry of the Environment correspondence dated March 16, 2012 regarding Bayham
Distribution System Inspection Report conducted February 16, 2012.
File: E08
2012-160
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT Ministry of the Environment correspondence dated March 16, 2012
regarding Bayham Distribution System Inspection Report conducted February 16,
2012 be received for information."
CARRIED UNANIMOUSLY
Page 8 of 12
Council Minutes April 05, 2012
(c) Ontario Clean Water Agency 2011 Summary Report for the Port Burwell Area
Secondary Water Supply System.
File: E08
2012-161
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Ontario Clean Water Agency 2011 Summary Report for the Port
Burwell Area Secondary Water Supply System be received for information."
CARRIED UNANIMOUSLY
(d) Elgin Area Primary Water Supply System 2011 Compliance Report.
File: E08
2012-162
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Elgin Area Primary Water Supply System 2011 Compliance Report be
received for information."
CARRIED UNANIMOUSLY
(e) Elgin-Middlesex Pumping Station 2011 Compliance Report.
2012-163
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT the Elgin-Middlesex Pumping Station 2011 Compliance Report be received
for information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera
2012-164
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 9:40 p.m. to discuss:
• personal matters about an identifiable individual,including municipal
or local board employees;
• a proposed or pending acquisition or disposition of land by the
municipality or local board;
• advice that is subject to solicitor-client privilege,including
communications necessary for that purpose."
CARRIED UNANIMOUSLY
Page 9 of 12
Council Minutes April 05, 2012
(b) Closed session minutes of the regular meeting of Council held March 15,2012.
(c) Staff Report regarding a personal matter regarding an identifiable individual
(employment status).
File: H05
(d) Confidential correspondence that is subject to solicitor-client privilege, including
communications necessary for that purpose. (NRG Franchise Agreement)
File: L04
(e) Stantec Confidential Report regarding Assessment of Environmental Risks.
(Acquisition/disposition of property-Port Burwell Harbour Divestiture)
File: L07
(fl Out of Camera.
2012-165
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Committee of the Whole do now rise from the "In Camera" session at
9:55 p.m."
CARRIED UNANIMOUSLY
2012-166
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT Council confirm the interim employment arrangements as outlined in
Report H2012-05;
AND THAT By-law 2012-042 to appoint an Acting Manager of Public Works be
presented to Council for enactment."
CARRIED UNANIMOUSLY
2012-167
Moved by.Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Municipality of Bayham authorizes Stockwoods LLP to represent the
Municipality of Bayham in presenting the proposed resolution as outlined in items 1
through 9 only,to Natural Resource Gas Limited,in regard to the franchise
agreement renewal."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-law 2012-035 A By-law to authorize an agreement for landscaping services
(Wilson).
(b) By-law 2012-036 A By-law to authorize a landscaping services agreement(Nature's
Choice).
(c) By-law 2012-037 A By-law to Authorize a Guarantor Agreement with the Elgin
Military Museum
Page 10 of 12
Council Minutes April 05,2012
2012-168
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT By-law 2012-037 be read a first, second and third time and finally passed."
Councillor Casier requested a recorded vote.
In Favour Opposed
Casier X
Ens X
Ketchabaw X
Southwick X
Taylor X
Motion Carried on a vote of 3 to 2 in favour
(d) By-law 2012-040 A By-law to Authorize an Agreement for Fire Chief&CEMC
Services with SWOX.
(e) By-Law 2012-041 A By-law to Authorize an Agreement with Norfolk Disposal for
Waste Management Collection Services
(f) By-law 2012-044 A By-law to Authorize Execution of Site Plan Agreement with
Ascent Solutions Inc.
(g) By-law 2012-042 A By-law to Appoint Acting Manager Public Works
2012-169
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-laws 2012-035, 2012-036, 2012-040, 2012-041,2012-042 and 2012-044 be
read a first, second and third time and fmally passed."
CARRIED UNANIMOUSLY
(h) By-Law 2012-039 A By-Law to confirm all actions of Council
2012-170
Moved by Councillor W Casier
Seconded by Deputy Mayor Taylor
"That confirming By-Law 2012-039 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2012-171
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the Council meeting be adjourned at 10:05 p.m."
CARRIED UNANIMOUSLY
Page 11 of 12
Council Minutes April 05, 2012
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MA •R CLERK
Page 12 of 12