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Home My WebLink AboutMay 03, 2012 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Council Chambers May 03, 2012 7:00 PM Regular Council Meeting 8:00 pm—Public Meeting—Drainage(Centre Street,Vienna) The regular meeting of the Council of the Municipality of Bayham was held on Thursday, May 3, 2012 in the Council Chambers. Present were Mayor Paul Ens, Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Deputy Mayor Mark Taylor was absent. Drainage Superintendent Bill Knifton and Water/Wastewater Superintendent Ed Roloson were in attendance to present their respective reports. 1. CALL TO ORDER Mayor Paul 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 April 19, 2012. 2012-222 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the minutes of the regular meeting held April 19, 2012 be approved as circulated." CARRIED UNANIMOUSLY (b) Added Item 2012-223 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT in accordance with Section 21 of Procedural By-law 2002-93,a closed session item regarding labour relations be added to the agenda as item 11." CARRIED UNANIMOUSLY 4. DELEGATIONS, STATEMENTS AND UPDATES 1. DELEGATIONS (a) 7:05 p.m. -Marion Rogers regarding the Periscope Playhouse Page 1 of 9 Council Minutes May 03, 2012 Marion and Jeff Rogers were present and inquired about using the old Port Burwell Fireball, the former OPP building or the former Vienna Library for rehearsals for the theatre group. They were advised that the Vienna building was not an option. They expect to require about 90 hours practice and will utilize only limited props. They advised that the group has not yet acquired liability insurance coverage. 2012-224 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the old firehall in POrt Burwell be utilized by Periscope Playhouse for rehearsal purposes as requested, subject to proof of liability insurance in the minimum amount of 2,000,000." CARRIED UNANIMOUSLY (b) Bev Hickey and Charles Buchanan regarding a confidential matter. 2. STATEMENTS BY COUNCIL Mayor Ens noted that he is working with the County Engineer and.EMS to consider ambulance response service improvements in Bayham. The new firehall in Port Burwell and the Public Works building may be potential sites for housing the service. 3. UPDATES ON PROJECTS (a) Richmond Community Water System Inc. The Administrator advised there had been no further progress. (b) Acquisition of Port Burwell Harbour It was noted that the Stantec Peer Review was deferred at the last meeting and is scheduled to be discussed in the closed session. 5. INFORMATION ITEMS (a) Committee of Adjustment Notice of Decision-Tesselaar. File: D13 (b) Committee of Adjustment Notice of Decision-Wizniak File: D13 (c) Oxford County correspondence dated April 23, 2012 requesting support for resolution regarding landfill moratorium. File: C10 (d) Bayham Historical Society minutes of meeting held April 12, 2012. File: C06 (e) Correspondence dated April 10, 2012 from the Elgin Middlesex Oxford Workforce Planning &Development Board and 2012 Local Labour Market Plan. File: A01 (0) Draft minutes of the Bayham Community Centres Committee meeting held April 26, 2012 (Item 5(b) regarding storage of municipal records will be of interest to Council.) (g) Resolution C-177-2012 and By-law 013-2012 passed by the Township of Wainfleet in Page 2 of 9 Council Minutes May 03, 2012 regard to minimum setback distance for the contruction of all Industrial Wind Turbines. (h) Fisheries &Oceans Canada correspondence dated April 25, 2012 regarding Invitation to Comment on Proposed Recovery Strategy for Spotted Gar. File: A16 (i) Update from the Elgin Military Museum regarding Project Ojibwa. File: D06 2012-225 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Information items 5(a)through 5(i) be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION& TOURISM (a) Notice of Decision of Consent Applications No. E 19/12 and E 20/12 submitted by Sara and Cornelius Teichroeb. File: D10 The Administrator noted that the Land Division Committee had approved the Teichroeb severances with standard conditions adding that Council has 20 days(until May 17th) to appeal the severances or take different action. 2012-226 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Notice of Decision of Consent Applications No. E 19/12 and E 20/12 submitted by Sara and Cornelius Teichroeb be received for.information." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE AND REPORTS (a) Staff Report PR2012-06 regarding Designation of Lands as Part of Road System. File: T04 It was noted that without the dedication of the land as part of the public highway, the abutting landowner has limited legal frontage. 2012-227 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-law No. 2012-058, being a By-law to assume and establish lands in the Municipality of Bayham as part of the open public highway system being Part 3 of Registered Plan 11R6156 (Sandytown Road), be presented to Council for enactment." CARRIED UNANIMOUSLY 2. PUBLIC MEETING PUBLIC MEETING 8:15 p.m. -Public Meeting re Drainage - Centre Street Drain Page 3 of 9 Council Minutes May 03, 2012 2012-228 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Drainage Act." CARRIED UNANIMOUSLY DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None STAFF PRESENTATION Staff Report DR2012-006 regarding Centre Street Municipal Drain and Engineer's Report 0730MD dated April 2, 2012. File: E09 The Engineer, Andrew Gilvesy noted the Centre Street Drain Report was initiated by the Acting Public Works Superintendent by petition on February 13, 2008. The Drain will service Centre and Pearl Street abutting properties, with the Municipality responsible for the largest share of the cost. New ditches and culverts will be installed to address poor drainage and ponding for the affected properties and provide a legal outlet to the Otter Creek. Costs are assessed based on lot area,with roads being assessed at the higher end of the benefit scale, agricultural lands at the lowest and residential properties in between. PUBLIC COMMENTS Q Brad Valko noted this had been a long-standing issue and questioned why the drainage work had not been done when the sewers were constructed in 2000. He suggested the construction of more homes pushes water to the neighbouring properties and adds to the problem. R Mr. Gilvesy noted that the sewer project was not intended to deal with drainage problems and grant funding was limited to actual sewer construction costs. Catch basins and culverts were only fixed where the sewer line was impacted. Properties severed to build houses more recently are required to have and conform to a detailed grading plan. The problem has been pre-existing for over 12 years and before the three houses were built on Pearl Street. Q Jamie Matthews commented that before the new Cole house was built,her property had no water. Her property is lower than everyone else's and it's taking all the surface water run- off. R The Drainage Superintendent noted that water comes from the field behind the Cole house and all the water flows in her direction. The Administrator noted that the issue of a proper outlet existing prior to the more recent building development, even though is may appear it triggered the problem. The Engineer, in the report, defines the watershed area, assesses the properties based criteria including area, and the project will provide an appropriate outlet. Page 4 of 9 Council Minutes May 03, 2012 COUNCIL COMMENTS AND QUESTIONS None ADJOURNMENT 2012-229 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the Public meeting be adjourned at 8:41 p.m." CARRIED UNANIMOUSLY DISPOSITION OF ITEM 2012-230 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Cyril J. Demeyere Consulting Engineers report#0730MD dated April 2,2012,referred to as the "Centre Street Municipal Drain" report; AND THAT Provisional By-law#2012-051 be given first and second reading; AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46(2) of the Drainage Act; AND THAT a date of June 7,2012 at 8:00 p.m. be set for the first sitting of the Court of Revision." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 9. FINANCE,ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque#012336 to Cheque#012426 inclusive, totaling $459,676.80 and Payroll Disbursements for the period ending April 15, 2012 totaling $50,215.98. 2012-231 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Cheque Register being Cheque#012336 to Cheque#012426 inclusive, totaling $459,676.80 and Payroll Disbursements for the period ending April 15, 2012 totaling $50,215.98 be approved." CARRIED UNANIMOUSLY (b) Staff Report F2012-06 regarding Investment Report File: F12 Page 5 of 9 Council Minutes May 03, 2012 2012-232 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Staff Report F2012-06 regarding investments be received for information." CARRIED UNANIMOUSLY (c) Elgin County correspondence dated April 19, 2012 regarding renaming Bayham Library to Straffordville Library. File: A16 2012-233 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT Elgin County be advised that the Council of the Municipality of Bayham endorses the change of the name of the Bayham Library to the Straffordville Library." CARRIED UNANIMOUSLY (d) Straffordville BPSC Explorer Scouts correspondence received April 27, 2012 requesting use of the Municipal sign to advertise events. File: C13 2012-234 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT Council approves use of the municipal sign as requested by the Straffordville BPSC Explorer Scouts,subject to municipal needs." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) Bayham Water Distribution System Quarterly Report and call-ins for the period ending March 31,2012. File: E08 2012-235 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the Bayham Water Distribution System Quarterly Report and call-ins for the period ending March 31,2012 be received for information." CARRIED UNANIMOUSLY (b) Bayham Small Municipal Non-Residential Wells Quarterly Report for the period ending March 31, 2012. File: E08 2012-236 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Bayham Small Municipal Non-Residential Wells Quarterly Report for the period ending March 31, 2012 be received for information." CARRIED UNANIMOUSLY Page 6 of 9 Council Minutes May 03, 2012 (c) Richmond Community Water System Quarterly Report and call-ins for the period ending March 31, 2012 and call-ins. File: E08 2012-237 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Richmond Community Water System Quarterly Report and call-ins for the period ending March 31,2012 and call-ins be received for information." CARRIED UNANIMOUSLY (d) Port Burwell Wastewater Treatment Plant Quarterly Compliance Summary and call-ins for the period ending March 31, 2012. File: E08 2012-238 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Port Burwell Wastewater Treatment Plant Quarterly Compliance Summary and call-ins for the period ending March 31,2012 be received for information." CARRIED UNANIMOUSLY (e) Staff Report F2012-07 regarding Stewardship Ontario Agreement. File: Fi l 2012-239 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "That By-law 2012-057,being a by-law to authorize the execution of two agreements between the Municipality of Bayham and Stewardship Ontario for the provision of funding for municipal hazardous or special waste services, be presented for enactment." CARRIED UNANIMOUSLY (0 Staff Report E2012-05 regarding Delegation-Water and Sewer Rates. File: E08 2012-240 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT Council direct staff to generate a fee structure with a reduced base rate for multiple unit properties." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2012-241 Moved by Councillor W Casier Seconded by Councillor T Southwick Page 7 of 9 Council Minutes May 03, 2012 "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:53 p.m. to discuss: -a proposed or pending acquisition or disposition of land by the municipality or local board; - labour relations or employee negotiations; -litigation or potential litigation,including matters before administrative tribunals, affecting the municipality or local board." CARRIED UNANIMOUSLY (b) Consideration of a confidential matter regarding acquisition/disposition of property.(Museum) (c) Closed session minutes of the regular meeting of Council held April 5, 2012. (d) Closed Session minutes of the regular meeting of Council held April 19,2012. (e) Staff Memorandum regarding a litigation or potential litigation matter. File: L13 (1) Stantec Confidential Report regarding Assessment of Environmental Risks. (Acquisition/disposition of property-Port Burwell Harbour Divestiture) File: L07 (g) Verbal update regarding labour negotiations. (CUPE) (h) Out of Camera. 2012-242 Moved by Councillor T Soutwick Seconded by Councillor W Casier "THAT the Committee of the Whole do now rise from the "In Camera" session at 9:59 p.m." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-law 2012-051 A By-law to provide for Drainage Works (Provisional B/L Centre Street Drain) (First and second reading only) 2012-243 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT Provisional By-law 2012-051 be read a first and second time." CARRIED UNANIMOUSLY (b) By-law 2012-053 A By-law to appoint By-law Enforcement Officers (Commissionaires) (c) By-law 2012-054 A By-law to Authorize an Agreement with Nancy Lozon (Cleaning Services) (d) By-law 2012-057 A By-law to Authorize Execution of an Agreement with Stewardship Ontario (Hazardous Waste) (e) By-law 2012-058 A By-law to Establish as a Public Highway Page 8 of 9 Council Minutes May 03,2012 2012-244 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT By-laws 2012-053,2012-054, 2012-057 and 2012-058 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (0 By-Law 2012-056 A By-Law to confirm all actions of Council 2012-245 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "That confirming By-Law 2012-056 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2012-246 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Council meeting be adjourned at 10:00 p.m." CARRIED UNANIMOUSLY YOR CLERK Page 9 of 9