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HomeMy WebLinkAboutMay 17, 2012 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville May 17, 2012 7:00 PM 8:00 p.m.—Court of Revision—Drainage The regular meeting of the Council of the Municipality of Bayham was held on Thursday, May 17, 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 Budget meeting held April 30, 2012. 2012-252 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the minutes of the budget meeting held April 30,2012 be approved as circulated." CARRIED UNANIMOUSLY (b) Minutes of the regular meeting of Council held May 3, 2012. 2012-253 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the minutes of the regular meeting held May 3,2012 be approved as circulated." CARRIED Page 1 of 14 Council Minutes May 17, 2012 (c) Minutes of special meeting of Council held May 10, 2012 2012-254 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT the minutes of the special meeting held May 10, 2102 be approved as circulated." CARRIED UNANIMOUSLY (d) Added Item 2012-255 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT in accordance with Section 21 of Procedural By-law 2002-93 a confidential matter regarding acquisition/disposition of property(museum) be added to the agenda as item 11." CARRIED UNANIMOUSLY 4. DELEGATIONS, STATEMENTS AND UPDATES 1. DELEGATIONS (a) 7:05 p.m. -Jamie Kent of KBRE Ltd. regarding support for green energy systems. Mr. Kent presented information regarding his efforts in the Elgin County area to assist interested property owners in their pursuit of renewable green energy production applications to the Ontario Power Authority to provide electric power to the grid under the FIT (Feed-in-Tariff)program. He noted that he also works with Canadian Solar Inc. Mr. Kent explained that local projects, with municipal support, achieve a higher points rating, are more likely to be approved and can expect to generate continuous revenue for 20 years. He encouraged Council to consider support for either the draft individual or blanket form of resolution. A final version will be provided for Council's consideration as soon as it becomes available. (b) 7:15 p.m. -Dr Robert J Burns, Heritage Resources Consultant and Sally Martyn regarding the Vienna old town hall. Dr. Robert Burns and Sally Martyn, Central Elgin Councillor were introduced by Fran Southwick. Dr. Burns noted that both he and Ms. Martyn sit on the Central Elgin Heritage Advisory Committee that was established in 1998. Such a committee is established and members appointed by Council. The group would develop an inventory of local heritage buildings, assess them and make recommendations to Council regarding designation as buildings of Page 2 of 14 Council Minutes May 17, 2012 heritage or historical significance. Buildings so designated are placed on a"Clerk's list" meaning that the property owner cannot demolish a designated building without permission of Council. Dr. Burns suggested that the Vienna old town hall is a building worthy of heritage designation and encouraged Council to establish a Heritage committee. The Ministry of Culture has designation information and resource materials available. Ms. Martyn also encouraged Council to establish a Heritage Committee. She noted that the Central Elgin Committee has 10 members and started with a small budget of$1,500 per year, the current budget is now $4,500. Central Elgin Council has since designated 16 buildings and 15 are on the Clerk's list within Sparta and Port Stanley. The budget is spent mainly on heritage plaques and advertising. Bayham could have a museum student conduct research on local buildings at the Registry office. Portions of certain buildings can also be designated. It was also noted that Council also has the authority to un- designate if appropriate. It was also noted that the Vienna building could be turned over to a local non-profit group who would qualify for funding support such as provided by the Ontario Trillium Foundation. 2. STATEMENTS BY COUNCIL Mayor Ens noted that Plank Road,just north of Port Burwell is being paved north to Glen Erie Line and that Culloden Road at Heritage Line will be repaved by the County. On Calton Line the road was stabilized last year and some rehabilitation work along the Otter Creek is to be started after July 1st and the temporary repair resurfaced. 3. UPDATES ON PROJECTS (a) Richmond Community Water Inc. The Administrator advised that the transfer documents have been received and will be executed with a closing date of May 25th. Once completed the contractor will begin work to establish another suitable water source. (b) Acquisition of Port Burwell Harbour It was noted that Council considered the Stantec Peer Review at the last meeting. Staff has contacted Small Craft Harbours and will be providing follow-up correspondence in regard to the discussion. 5. INFORMATION ITEMS (a) Bayham Historical Society minutes of meeting held April 12, 2012. File: C06 (b) Long Point Region Conservation Authority minutes of meeting held April 4, 2012. (c) Correspondence dated May 3, 2012 from the Ministry of Natural Resources regarding the Bear Wise program. Page 3 of 14 Council Minutes May 17, 2012 File: A16 (d) Correspondence dated May 2, 2012 from the Ontario Human Rights Commission regarding Proclamation. File: A16 (e) Correspondence dated April 26, 2012 from the Municipal Property Assessment Corporation(MPAC)regarding 2011 Annual Report& Financial Statements. (1) Eastlinktv correspondence dated May 7, 2012 regarding Televised Promotion and Event Coverage. File: C13 (g) Letter of appreciation from Fran(Bill)Underhill dated May 6, 2012. File: C13 (h) LPRCA financial statements and annual report for 2011 (annual report hard copy to be handed out). File: F10 (i) OPP correspondence dated May 7, 2012 regarding requested 2011 statistics for Bayham. File: P17 2012-256 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the items 5(a)through 5(i) be received for information." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION& TOURISM (a) Staff Report D2012-13 regarding Reitsma Severance E31/12. File: D10.12 Reitsma The Planning Co-ordinator noted that this is a repeat application as the applicants previously failed to meet the conditions. Mr. Roe added that the applicants have a purchaser for the lot and are ready to fulfill the conditions. Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct. 2012-257 Moved by Councillor T Southwick Seconded by Councillor W Casier Page 4 of 14 Council Minutes May 17, 2012 "THAT Council recommend to the Elgin County Land Division Committee that severance application E31/12, submitted by Tina and Harry Reitsma, be granted subject to: 1. $500 cash-in-lieu of parkland dedication fee 2. lot grading plan for the proposed residential lot 3.water quality testing reports for nitrates and bacteria content meeting the Provincial standards 4.water quantity testing report meeting the Provincial standards 5. municipal lot assessment 6. removal of the garage lean-to on the retained parcel to comply with the Village Residential Zoning regulations 7. copy of the final survey provided to the municipality 8. purchase of a civic number sign 9. Road Access Permit." CARRIED (b) Staff Report D2012-14 regarding Morrison Consent E29/12. File: D10.12 Morrison Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct. 2012-258 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council recommend to the Elgin County Land Division Committee the consent application E29/12, 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 the retained lands 4. planning report fee payable to the municipality." CARRIED Page 5 of 14 Council Minutes May 17, 2012 (c) Staff Report D2012-15 regarding Peters Consent E36/11. File: D10.11 Peters Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct. 2012-259 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Council recommend to the Elgin County Land Division Committee that severance application E36/11, submitted by Abraham and Emma Peters,be granted subject to: 1. $500 cash-in-lieu of parkland dedication fee 2. lot grading plan for the proposed residential lot 3.water quality testing reports for nitrates and bacteria content meeting the Provincial standards 4.water quantity testing report meeting the Provincial standards 5. municipal lot assessment 6. engineer's comments as to the impact an additional well and septic system may have on the stormwater management pond and surrounding area 7. minor variance for relief from the municipal drain setback requirement 8. copy of the final survey provided to the municipality 9. purchase of a civic number sign." CARRIED (d) Staff Report D2012-16 regarding Breedon Consents E32/12. File: D10.12 Breedon The Planning Co-ordinator noted that they will revise the lots lines to retain the pack barn on the agricultural parcel. Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct. 2102-260 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw Page 6 of 14 Council Minutes May 17, 2012 "THAT Council recommend to the Elgin County Land Division Committee that Consent Application E32/12, submitted by Brian and Theresa Breedon,be granted subject to conditions: 1. copy of the final survey be provided to the municipality 2. $500 cash-in-lieu parkland dedication fee payable to the municipality 3. confirmation from the County of Elgin for access to the retained lands 4. amend application to adjust lot lines to retain the 447 m2 storage barn." CARRIED (e) Staff Report D2012-17 regarding At Work Construction Ltd Consent E23/12. File: D10.12 At Work The Planning Co-ordinator noted that the existing sewer will service all three lots being created. Once the applicants meet six of the conditions they will be able to apply to remove the holding provision. Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct. 2012-261 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Council recommend to the Elgin County Land Division Committee that severance application E23/12, submitted by At Work Construction Ltd., be granted subject to: 1. $500 cash-in-lieu of parkland dedication fee for each of two lots 2. lot grading plan for the entire subject lands 3. water quality testing reports for nitrates and bacteria content meeting the Provincial standards for the severed and southerly retained lots 4. water quantity testing report meeting the Provincial standards for the severed and southerly retained lots 5. purchase of a civic number signs for the severed and southerly retained lots 6. planning report fee payable to the municipality 7. confirmation of County road access for the severed and southerly retained lots 8. sewer services permits and installation for the severed and southerly retained lots 9. rezoning to remove the holding provision." CARRIED Page 7 of 14 Council Minutes May 17, 2012 (1) Staff Report D2012-18 regarding Vansevenant Site Plan/B/L 2012-61. File: D11.Vans The site plan agreement allows the building permit to be issued for a building that already had been constructed. 2012-262 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-law No. 2012-061,being a By-law to authorize the execution of a Site Plan Agreement with Renee Vansevenant(Simply Scoops) and the Municipality of Bayham be presented for enactment." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE & DRAINAGE (a) Staff Report DR2012-008 regarding Phillips Drain Improvements. File: E09 2012-263 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Staff Report DR2012-008 regarding the Phillips 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 (b) County of Elgin Staff Report regarding Vegetation Control and Roadside Maintenance. File: A16 It was noted that less than a day of spraying has taken place in areas where steeper roadside banks are not an option for mowing. The spraying is envisioned to be a one time application although the permit is valid until June 15th. Monitoring will take place. 2012-264 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Elgin County Report regarding Vegetation Control and Roadside Maintenance be received for information." CARRIED UNANIMOUSLY Page 8of14 Council Minutes May 17, 2012 1. COURT OF REVISION -DRAINAGE (a) Motion to adjourn Council meeting& appoint Court of Revision Members. 2012-265 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT in accordance with the provisions of the Drainage Act, the Council of the Municipality of Bayham appoints Mayor Paul Ens,Deputy Mayor Mark Taylor, Councillors Tom Southwick,Wayne Casier and Ed Ketchabaw to sit as members of the Court of Revision; AND THAT Mayor Ens act as Chairman; AND THAT the Council Meeting be adjourned for the purpose of holding a Court of Revision pursuant to the provisions of the Drainage Act." CARRIED UNANIMOUSLY APPLICATION Court of Revision regarding the assessment of properties in regard to Drainage Report No. 209381 prepared by Spriet Associates and referred to as the Casier Drain- Froggett Branch. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None STAFF PRESENTATION Staff Report DR2012-007 and Engineer's Report regarding Casier Drain- Frogget Branch, Court of Revision was presented by the Drainage Superintendent. He advised that no written objections had been received by the Clerk. File: E09 PUBLIC COMMENTS None COURT MEMBER COMMENTS AND QUESTIONS None Page 9 of 14 Council Minutes May 17, 2012 DISPOSITION OF ITEM 2012-266 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "WHEREAS, in accordance with Section 58, Chap. D.17 of the Drainage Act,R.S.O. 1990 the appeal period which allows any owner of land assessed for drainage works to appeal: -that road or land has been assessed too high or too low,or -that any land or road that should be assessed has not been assessed, or -that due consideration has not been given as to type of use of land, has expired; THEREFORE the Court of Revision for the Casier Drain—Froggett Branch hereby confirms the assessments as per the Engineer's Report#209381 dated March 23, 2012." CARRIED UNANIMOUSLY ADJOURNMENT 2012-267 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Court of Revision be adjourned at 8:08 p.m." CARRIED UNANIMOUSLY 8. PROPERTY, BUILDING& PROTECTIVE SERVICES (a) Corrrespondence dated May 3, 2012 from Ontario Early Years Centre for Elgin- Middlesex-London requesting permission to use the Straffordville Community Park from July 6,until August 24, 2012. 2012-268 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT Council approves use of the Straffordville Community Park as requested by the Ontario Early Years Centre; AND THAT the cleanup of the area be the responsibility of the users and subject to provision of a certificate of insurance naming the Municipality as an additional insured." CARRIED UNANIMOUSLY Page 10 of 14 Council Minutes May 17, 2012 (b) Correspondence from the Mennonite Community Services regarding Settlement Stories Quilt Trail and request for permission to place up to quilt blocks at the Museums and the Wind Interpretive Centre. File: C13 2012-269 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT Council approves placement of quilt blocks by the Mennonite Community Services at the Wind Interpretive Centre and the Edison and Marine museums, subject to the provision of a certificate of insurance naming the Municipality as an additional insured." CARRIED UNANIMOUSLY (c) Staff Report P2012-006 regarding "Establishing and Regulating By-Law Update". File: P16 The Fire Chief noted increases in the proposed firefighter minimum point value in the amount of$.50 per year beginning with the next pay period. Remuneration for training is proposed to increase from $85 per day to $100,plus mileage. District Chiefs will now be paid on an hourly basis rather than an annual salary. A new fee schedule was also introduced to include low or non-existent cost recovery. Council restricted the point value increase to 2012 and will review for 2013. 2012-270 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT Council receives report P2012-006; AND THAT By-law 2012-031, being a by-law to establish and regulate the Bayham Fire and Emergency Services, be amended to restrict the increase in points rates of pay to 2012 and presented for enactment." CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque#012427 to Cheque#012510 inclusive, except Cheque #012489 totaling$140,045.79 and Payroll Disbursements for the period ending April 29, 2012 totaling$50,413.42. Page 11 of 14 Council Minutes May 17, 2012 2012-271 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT the Cheque Register being Cheque#012427 to Cheque#012510 inclusive, except Cheque#012489 totaling$140,045.79 and Payroll Disbursements for the period ending April 29, 2012 totaling$50,413.42 be approved." CARRIED UNANIMOUSLY (b) Staff Report F2012-08 regarding 2012 Budget and Levy. File: F l i 2012-272 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT By-law 2012-59,being a by-law to establish a levy for the year 2012 and adopt tax rates be presented for enactment." CARRIED UNANIMOUSLY 10. ENVIRONMENT (a) MOTION TO EXTEND LENGTH OF MEETING 2012-273 Moved by Deputy Mayor M Taylor Seconded by Councillor W Casier "THAT in accordance with Section 12 of the Procedural By-law 2002-93, Council shall deal with business until 11:00 p.m. at its meeting of May 17, 2012." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2012-274 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 9:27 p.m. to discuss: • a proposed or pending acquisition or disposition of land by the municipality or local board; • litigation or potential litigation,including matters before administrative tribunals, affecting the municipality or local board." CARRIED UNANIMOUSLY Page 12 of 14 Council Minutes May 17, 2012 (b) Closed Session minutes of the Budget meeting held April 30, 2012. (c) Closed session minutes of the regular meeting of Council held May 3, 2012. (d) Closed Session minutes of special meeting held May 10, 2012. (e) Confidential Staff Report regarding NRG Franchise Agreement-Negotiations. File: L04 (f) Discussion regarding the forwarding of confidential emails. (g) Discussion of acquisition/disposition of property(museum) (h) Out of Camera 2012-275 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the Committee of the Whole do now rise from the "In Camera" session at 9:58 p.m." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-law 2012-031 A By-law to establish&regulate fire & emergency services (b) By-law 2012-059 A By-law to establish a 2012 tax levy and adopt tax rates. (c) By-law 2012-061 A By-law to Authorize a Site Plan Agreement(Vansevenant- Simply Scoops) (d) By-law 2012-063 A By-law to authorize execution of Agreement of Purchase& Sale with Richmond Community Water Inc. 2012-276 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-laws 2012-031, 2012-059,2012-061 and 2012-063 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (e) By-law 2012-062 A By-law confirming all actions of Council Page 13 of 14 Council Minutes May 17, 2012 2012-277 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT confirming By-law 2012-062 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2012-278 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT the Council meeting be adjourned at 10:05 p.m." CARRIED UNANIMOUSLY M117144/Y0'. CLERK Page 14 of 14