HomeMy WebLinkAboutJune 21, 2012 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Thursday,June 21,2012
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, June
21, 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.
Treasurer David Aristone, Planning Coordinator/Deputy Clerk Margaret Underhill, Fire Chief/
By-Law Enforcement Officer Gord Roesch 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 AND ADDITION OF AGENDA ITEMS
(a) Minutes of the regular meeting of Council held June 7, 2012.
2012-313
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held June 7, 2012 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s)
2012-314
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
a confidential matter regarding proposed acquisition or disposition of property be
added to the agenda as item 11."
CARRIED UNANIMOUSLY
Page 1 of 12
Council Minutes June 21, 2012
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. - Robert Foster, Graham Scott Enns regarding the 2011 Audited Financial
Statements.
Mr. Foster presented the draft financial statements and explained the ongoing changes
implemented since the previous year. He raised no concerns or issues with accounting practices.
2012-315
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the management letter and the audited financial statements for the year
ending December 31,2011, as prepared by Graham Scott Enns, be approved."
CARRIED UNANIMOUSLY
(b) 7:20 p.m. -Ian Raven and Dan MacNeil, Elgin Military Museum regarding update
report on Project Ojibwa.
File: D06
Mr. Raven presented his written report on the activities associated with the acquisition of the
Ojibwa sub, its departure from Halifax on May 26 and its arrival in Hamilton on June 5th
without incident. An official ground breaking was held in Port Burwell on May 22nd, work is
progressing and media and public interest around the world has been tremendous. Local
fundraising efforts have been very positive and supportive.
(c) 7:40 p.m. -Dean Franklin regarding business and job opportunities in Bayham.
Dean Franklin, local contractor, raised concerns that Council is lacking in its support of local
businesses. He commented that municipal projects fail to include opportunities for local
contractors and businesses. He suggested that email be used to make local contractors and
businesses aware when municipal projects are available. He noted that local contractors have
provided volunteer labour but are forgotten when it comes to new projects.
Council offered to give his comments consideration.
2. STATEMENTS BY COUNCIL
Councillor Southwick noted that the Vienna Citizens Group contacted Hydro One and
received permission to install flags in Vienna. HydroOne also installed them at no charge.
Mayor Ens reminded everyone that there would be Canada Day celebrations and Parade in
Port Burwell at 1:00 p.m. and the CHIP Identification program would be offered from 2:00
until 5:00 p.m. on July 1st.
Page 2 of 12
Council Minutes June 21, 2012
3. UPDATES ON PROJECTS
Richmond Community Water System—The Administrator advised that the transfer has been
completed. A one-page update notice will be sent out shortly to Richmond water users by
mail and a public meeting will be held July 16 at 7:00 p.m.
Harbour Divestiture—There was nothing to update.
5. INFORMATION ITEMS
(a) Committee of Adjustment,Notice of Decision regarding D &E Klassen minor
variance.
File: D13
(b) Grand River Conservation Authority correspondence dated June 13, 2012 regarding
vacancy on Lake Erie Region Source Protection Committee.
File: A16
(c) YWCA correspondence dated June 8, 2012 regarding community plan for Women's
Economic Security.
File: A01
(d) Heart& Stroke Foundation correspondence regarding placement of Automated
External Defibrillators (AEDs) and associated CPR/AED training.
File: A01
(e) Town of Minto correspondence dated June 6, 2012 regarding Source Water Protection
Program.
File: C10
(f) Elgin Federation of Agriculture Newsletter June edition.
File: M07
(g) Long Point Region Conservation Authority minutes of Board meeting held May 2,
2012.
File: C06
(h) Correspondence dated June 5, 2012 from Gillian Davey advising that the Pirates of the
Burwell Coast production on the east beach July 1st has been cancelled.
File: C13
(1) Bayham Harbourfront Committee minutes of meeting held May 8, 2012.
File: C06
(i) Correspondence dated June 18, 2012 from SCOR Economic Development Corporation
regarding Report on Activities.
File: A01
(k) Mayors'Coalition for Affordable Sustainable Accountable Policing correspondence
Page 3 of 12
Council Minutes June 21, 2012
regarding meeting with the Minister of Community Safety and Correctional Services,
Madeleine Meilleur.
Mayor Ens commented that the Source Water Protection Program will apply to the Richmond
Water System Inc. once ownership is transferred to the Municipality and requested Council
support for the Town of Minto resolution.
2012-316
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT items 5(a) through 5(k) be received;
AND THAT Council support item 5(e) from the Town of Minto."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
(a) Staff Report D2012-25 regarding VanMoerkerke Site Plan By-law 2012-074.
File: Dl1 VANM
The Planning Co-ordinator acknowledged that the agreement is registered on title and only
Schedule "C" is being amended.
2012-317
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-law No. 2012-074, being a By-law to authorize the execution of a Site
Plan Agreement between 1457199 Ontario Inc. and the Municipality of Bayham be
presented for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report D2012-26 regarding Port of Hope Church Site Plan Agreement
Amendment.
File: L04
Changes to this agreement include drainage catch basins and handicap parking being added and
parking moved to the north side of the building, leaving room for expansion on the east side of
the property.
2012-318
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
Page 4 of 12
Council Minutes June 21, 2012
"THAT By-law No. 2012-076, being a By-law to authorize an amendment to
Attachment 'C' to the Site Plan Agreement with Mennonite Church in Christ,now
Port of Hope Congregation Church of God in Christ Mennonite, be presented to
Council for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE & DRAINAGE
(a) Approval of Canada Day celebration and parade July 1st beginning at 1:00 p.m.
2012-319
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT municipal streets in Port Burwell be used for the Canada Day Parade on
July 1,2012 beginning at 1:00 p.m.;
THAT the Municipality hereby requestes permission from the County of Elgin to
use Wellington Street from Elizabeth Street, west to Robinson Street;
AND THAT the Bayham Manager Public Works take the necessary precautions for
traffic control, safety and signage requirements."
CARRIED UNANIMOUSLY
(b) Staff Report PR2012-07 regarding Designation of lands as part of open public highway
system.
File:
It was noted that final steps to establish.Clearview Drive and lands abutting Bayham Drive as
part of the open public highway system had not been completed.
2012-320
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-law No. 2012-070, being a By-law to assume and establish lands in the
Municipality of Bayham as part of the open public highway system being Part 2 of
Registered Plan 11R-4595 (Bayham Drive) be presented to Council for enactment."
CARRIED UNANIMOUSLY
2012-321
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT By-law No. 2012-071, being a By-law to assume and establish lands in the
Municipality of Bayham as part of the open public highway system being Parts 2 &
Page 5 of 12
Council Minutes June 21, 2012
3 of Registered Plan 11R-8151 (Clearview Drive) be presented to Council for
enactment."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2012-010 regarding Boat Donation to Fire Department.
File: P16
The Fire Chief noted that the boat is being donated by the Town of Tillsonburg as they no longer
need it. Mr. Ron Cairns has agreed to donate his services for the maintenance and repair of it.
The only difference from the boat the firefighters have been using is that the new one has a
motor. It will be used to assist in rescue incidents near the inner harbour,rock pier and bluffs and
incurs no added liability as several firefighters are licensed to use it.
2012-322
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT council receive Report P2012-010 and accepts the donation of the boat to
the fire department and marine mechanic services as provided by Spring Valley
Auto and Marine."
CARRIED
(b) Staff Report P2012-012 regarding Natural Gardens By-law amendment.
File: P01
It was noted that there was no formal circulation, however, concerns were received from one
individual. Safety concerns in regard to maximum grass height, hedges, over grown sidewalks,
authority to remove hazards and blockage of sight lines were discussed.
2012-323
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council receive Report P2012-012;
THAT the setback from the sidewalks be amended to up to 2 metres and maximum
height of growth be 20 cm;
AND THAT By-law 2012-077,being a by-law to define setbacks for natural gardens
in urban areas,be presented to Council for enactment, as amended."
CARRIED
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#012626 to Cheque#012726 inclusive, except Cheques
#012635, 012713 and 012720 totaling$193,896.20 and Payroll Disbursements for the
Page 6 of 12
Council Minutes June 21, 2012
period ending June 10, 2012 totaling $108,569.45.
2012-324
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT Cheque Register being Cheque#012626 to Cheque#012726 inclusive,
except Cheques#012635, 012713 and 012720 totaling $193,896.20 and Payroll
Disbursements for the period ending June 10,2012 totaling$108,569.45 be
approved."
CARRIED UNANIMOUSLY
(b) Staff Report to County Council regarding Revised Code of Conduct and Clear Sailing:
Reputation Management in Municipal Politics.
File: A09
It was noted that there have been no issues raised in this regard to date.
2012-325
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT the County of Elgin Revised Code of Conduct be received."
CARRIED UNANIMOUSLY
(c) Staff Report F2012-10 regarding Port Burwell Fire Hall Financing.
File: F08
2012-326
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Bylaw 2012-072 being a by-law to authorize the borrowing upon debentures
in the amount of$715,000.00 for the purposes of the Municipality of Bayham be
approved."
CARRIED UNANIMOUSLY
(d) Staff Report F2012-11 regarding Municipal Auditor Appointment.
File: F03
2012-327
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Bylaw 2012-073, being a by-law to appoint a municipal auditor for the
Municipality of Bayham, be presented for enactment."
Page 7 of 12
Council Minutes June 21, 2012
CARRIED UNANIMOUSLY
(e) Verbal update regarding 2012 Tax Billing/Capping By-law.
The Administrator advised that the County has raised some concerns regarding the delay by the
Township of Malahide in passing its 2012 budget and implications that may have on setting and
mailing commercial, industrial and multi-residential tax billings if it is not resolved by mid July.
2012-328
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the verbal information regarding 2012 Tax Billing/Capping be received."
CARRIED UNANIMOUSLY
(f) Draft minutes of Harbourfront Committee meeting held June 12, 2012 (not provided)
and recommendation re pier benches.
File: C06
It was noted that the minutes were not available. The Administrator advised that the purchase of
benches is not in the budget. It is proposed that donations would offset the cost.
2012-329
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT Council approves the recommendation of the Harbourfront Committee to
purchase eight benches for the pier."
CARRIED UNANIMOUSLY
(g) Staff Report F2012-12 regarding Water& Sewer Rates.
File: F05.11
The Administrator noted that staff contacted other municipalities and that the billing problem is
not unique to Bayham. The definitions from current policy were refined to further a principle that
each primary structure/unit be levied a base charge, and each supplementary structure/unit be
levied a reduced(or no)base rate. Impacts for both water and sewer rates were provided. The
structure could be supported on the basis of trying to encourage tourist accommodation for
economic development and also providing for additional affordable housing for the community.
2012-330
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the definitions outlined in Report F2012-12 be incorporated into the water
and sewer rates by-law, and that subsidiary units, as defined,be exempted from the
water and sewer base rates, effective October 1,2011."
Page 8of12
Council Minutes June 21, 2012
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Ministry of the Environment correspondence dated May 14, 2012 regarding Port
Burwell Secondary Distribution System Inspection conducted May 2, 2102.
File: E05
The report was presented by the Water/Wastewater Superintendent. He noted that the inspection
was 100% in compliance.
2012-331
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the Ministry of the Environment correspondence dated May 14,2012
regarding Port Burwell Secondary Distribution System Inspection be received for
information."
CARRIED UNANIMOUSLY
(b) Staff Report E2012-06 regarding Ontario Water/Wastewater Agency Response
Network.
File: L14
2012-332
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Council approves membership in the Water/Wastewater Response
Network;
AND THAT the Mayor and Clerk be authorized to sign the Mutual Aid and
Assistance Agreement."
CARRIED UNANIMOUSLY
MOTION TO EXTEND LENGTH OF MEETING
2012-333
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"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 June 21, 2012."
CARRIED UNANIMOUSLY
Page 9 of 12
Council Minutes June 21, 2012
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2012-334
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 7:55 p.m. to discuss the security of the property of the municipality
or local board.
CARRIED UNANIMOUSLY
(b) A confidential matter in regard to the security of property of the municipality or local
board.(Project Ojibwa)
(c) Out of Camera.
2012-335
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT the Committee of the Whole do now rise from the "In Camera" session at
8:15 p.m."
CARRIED UNANIMOUSLY
(d) In Camera
2012-336
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 10:50 p.m.to discuss:
•a proposed or pending acquisition or disposition of land by the municipality or
local board;
•labour relations or employee negotiations."
CARRIED UNANIMOUSLY
(e) Closed session minutes of the regular meeting of Council held June 7, 2012.
(fl Confidential verbal report regarding proposed or pending acquisition or disposition of
land by the municipality or local board (Disposal of surplus properties)
(g) Confidential verbal report regarding labour relations or employee negotiations
(Administrator Performance Appraisal)
Page 10 of 12
Council Minutes June 21, 2012
(h) Out of Camera
2012-337
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT the Committee of the Whole do now rise from the "In Camera" session at
11:08 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-law 2012-051 A By-law to provide for Drainage Works (Centre Street) (Third
reading only)
(b) By-law 2012-070 A By-law to Establish Lands as Part of Public Highway(Bayham
Drive).
(c) By-law 2012-071 A By-law to Establish Lands as Part of Public Highway
(Clearview Drive).
(d) By-law 2012-072 A By-law to Authorize Borrowing regarding Fire Hall.
(e) By-law 2012-073 A By-law to appoint a municipal auditor
(0 By-law 2012-074 A By-law to authorize a site Plan Agreement 1457199 Ont. Inc.
(VanMoerkerke)
(g) By-law 2012-076 A By-law to Amend Schedule "C" to the Site Plan Agreement for
Port of Hope Congregation.
(h) By-law 2012-077 A By-law to amend By-law 2002-009 & Repeal 2010-040 (Yard
Maintenance)
2012-338
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-law 2012-051 be read a third time and finally passed;
THAT By-laws 2012-070, 2012-071, 2012-072,2012-073,2012-074, 2012-076 and
2012-077 be read a first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(i) By-Law 2012-075 A By-Law to confirm all actions of Council
Page 11 of 12
Council Minutes June 21, 2012
2012-339
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2012-075 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2012-340
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 11:10 p.m."
CARRIED UNANIMOUSLY
)1-44** -7 stek-V
MAYOR CLEC
Page 12 of 12