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HomeMy WebLinkAboutJuly 05, 2012 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville July 5, 2012 7:00 PM The regular meeting of the Council of the Municipality of Bayham was held on Thursday, July 5, 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 was in attendance to present her 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 21, 2012. It was noted that the resolution for item 8b was not carried unanimously. The minutes were amended accordingly. 2012-341 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the minutes of the regular meeting held June 21, 2012 be approved as amended." CARRIED UNANIMOUSLY (b) Added Item(s) 2012-342 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT in accordance with Section 21 of Procedural By-law 2002-93, an item for discussion regarding a potential port terminal be added to the agenda as item 9(e)." CARRIED UNANIMOUSLY Page 1 of 9 Council Minutes July 05, 2012 4. DELEGATIONS, STATEMENTS AND UPDATES 1. DELEGATIONS (a) 7:05 p.m. -Joseph R Taberah regarding placement of a portable sign. Mr. Taberah requested permission to install a sign on his residential property in Port Burwell advertising licensed hoist operator training and job opportunities. The request is regarding a signage by-law of the former Village that pertains to Port Burwell properties only. Council members agreed that the by-law should be rescinded so that signage requirements are the same across the municipality. 2012-343 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Council approves the placement of a sign, as requested, on Mr. Taberah's property for one month, subject to being properly positioned so as not to impede any traffic sight lines." CARRIED UNANIMOUSLY 2. STATEMENTS BY COUNCIL Councillor Ketchabaw advised that he had been questioned by a local resident whether the large item drop-off day had been cost-effective. He suggested that consideration of other options for next year be discussed by Council at a later date. The Administrator advised that tonnage was up this year. Mayor Ens advised that he had attended Port Burwell Canada Day celebrations and Parade as well as the Town of Aylmer's 125 anniversary and launch of the Amish Quilt Block Trail, a supplement to the Elgin Oxford,Norfolk, Brant and Middlesex Barn Quilt displays throughout the area. He added that brochures will be made available shortly. He encouraged everyone to promote a positive image of the community. 3. UPDATES ON PROJECTS (a) Richmond Community Water Inc. The Administrator commented that the Engineer is seeking a suitable location for a second well drilling and arranging with the driller to start work. A Council meeting with system users is arranged for July 16 at 7:00 p.m. in Council Chambers. (b) Harbour Divestiture The Administrator advised that he spoke with Small Craft Harbours who are preparing a proposal document in regard to the Environmental Assessment process. Page 2 of 9 Council Minutes July 05, 2012 5. INFORMATION ITEMS (a) Municipal Employer Pension Centre of Ontario update on OMERS June 21,2012. File: A01 (b) Minutes of Harbourfront Committee meeting held June 12, 2012. File: C06 (c) Norfolk County correspondence dated June 27,2012 regarding Policing costs and service levels and delivery methods. File: C10 (d) Norfolk County correspondence dated June 27, 2012 regarding Bill 11 -Establish the South Western Ontario Development Fund. File: C10 (e) Elgin County& St. Thomas "Share Your Experience" Contest information. File: A l 6 (1) Municipality of Grey Highlands resolution requesting reimbursement of Court costs by the Province concerning loss of Municipal rights over the control of road allowances. (g) Invitation to Country Music Jam at Vienna Community Centre on Friday, July 6th from 6:00 to 10:00 p.m. Admission$5.00. Proceeds to repair foundation of Vienna Old Town Hall. 2012-344 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT information items 5(a) through 5(g) be received; AND THAT The Council of the Municipality of Bayham requests Mr.Jeff Yurek, MPP Elgin-Middlesex-London to support the resolutions of the County of Norfolk regarding Policing costs, service levels and delivery methods and also regarding Bill 11-Establish the South Western Ontario Development Fund; AND THAT Council supports the resolution submitted by the Municipality of Grey Highlands." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION & TOURISM (a) Correspondence dated June 28, 2012 from Brent G.Stewart, Elgin Land Division Committee regarding Decision E36/11 by Emma and Abraham Peters. File: D10 Page 3 of 9 Council Minutes July 05, 2012 2012-345 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the correspondence from the Land Division Committee regarding Decision E36/11 be received for information." CARRIED UNANIMOUSLY (b) D2012-27 Agriculture Advisory Group (AAG)recommendations for amendments to the Bayham Zoning By-law Z456-2003 File: D14 2012-346 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT staff be directed to proceed to amend the Zoning By-law Z456-2003; AND THAT the planner prepare the necessary zoning by-law for Council's consideration." CARRIED UNANIMOUSLY (c) Staff Report D2012-28 Soreny Farms Limited Consent Applications E44-47/12." The Planning Co-ordinator noted that the condition for a development agreement will ensure services such as sewer, sidewalks, street lights and access continue in this neighbourhood. She explained that the westerly lot is very low and road access may require a culvert, fill or a tie-in to an existing drain. She added that she is unaware whether the applicant is agreeable to the conditions. 2012-347 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT Council recommend to the Elgin County Land Division Committee that consent applications E44 -47/12, submitted by Soreny Farms Limited, be granted each subject to conditions: 1. Development Agreement with the municipality 2.water quantity testing report meeting the Provincial standards 3. water quality testing report for nitrates and bacteria content meeting the Provincial standards 4. stormwater management plan with an engineered municipal drain connection 5. grading plan subject to municipal approval 6. final survey provided to the municipality Page 4 of 9 Council Minutes July 05, 2012 7. $500 cash-in-lieu of parkland dedication 8.purchase of civic numbering signage 9. rezoning to remove the"holding" provision subject to related conditions ." CARRIED UNANIMOUSLY (d) Draft Official Plan of the County of Elgin. File: D08 The Administrator confirmed that the public meeting for the draft Official Plan will be held at 7:00 p.m. July 24th at the County offices. Any concerns from staff or Council need to be submitted to the County by that date. As some concerns raised by staff have not been addressed, staff was directed to identify specific examples and report back to Council at the next meeting. 2012-348 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the draft Official Plan of the County of Elgin be received for information." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE &DRAINAGE 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 9. FINANCE,ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque#012727 to Cheque#012809 inclusive, except Cheques #012745 totaling $1,318,413.36 and Payroll Disbursements for the period ending June 24, 2012 totaling $53,380.59. 2012-349 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT the Cheque Register being Cheque#012727 to Cheque#012809 inclusive, except Cheque#012745 totaling $1,318,413.36 and Payroll Disbursements for the period ending June 24,2012 totaling$53,380.59 be approved." CARRIED UNANIMOUSLY (b) Staff Report C2012-08 regarding County of Elgin-Malahide Letter re: 2012 Tax Rates. File: A16 Page 5 of 9 Council Minutes July 05, 2012 2012-350 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Staff Report D2012-08 be received; AND THAT the letter prepared by Staff regarding 2012 tax rates be forwarded to the Township of Malahide." CARRIED UNANIMOUSLY (c) Staff Memorandum 2012-8 regarding Eden and Area Community Centre-Request re: Renovation. File: A l 9 2012-351 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT Council grants approval to the Eden and Area Community Centre Board to undertake renovations, as requested,subject to approval of the Chief Building Official for materials to be used." CARRIED UNANIMOUSLY (d) Staff Report C2012-07 regarding Calton and Smuck Cemetery Expansion. File: S09 Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct and did not support the resolutions. 2012-352 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT the Council of the Municipality of Bayham approves the expansion of the Calton Cemetery,located at 6964 Richmond Road, by 1.20 acres, being Part 1 of RP 11 R 8373." CARRIED 2012-353 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Council of the Municipality of Bayham approves the expansion of the Smuck Cemetery,located at 55177 Jackson Line by 0.236 acre,being Part 1 of RP 11 R9419." CARRIED Page 6 of 9 Council Minutes July 05, 2012 (e) Discussion regarding a proposal for a port terminal. Mayor Ens advised Council that he and the Administrator, Town of Aylmer Mayor and CAO and Elgin County Warden and staff met with representatives from the Elgin Business Resource Centre in Aylmer and Kent Kristensen, regarding a potential port terminal for a commercial ferry service proposed near the Norfolk/Elgin boundary. The proposal is similar in scope to one previously considered by Bayham Council and support is again being sought. It was agreed that staff request a delegation by the proponents for the next Council meeting. 10. ENVIRONMENT 11. COMMITTEE OF THE WHOLE (a) In Camera. 2012-354 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 8:40 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) Closed session minutes of the regular meeting of Council held June 21, 2012. (c) Confidential Staff Memorandum L2 regarding an acquisition/disposition of property (Richmond Community Water Inc.) File: L07 (d) Confidential report to Council and minutes regarding acquisition/disposition of property. (Edison Museum) File: C06 (e) Confidential Staff Report regarding labour relations or employee negotiations. (CUPE negotiations-offer for settlement) File: H07 (I) Confidential verbal report regarding litigation or potential litigation. (g) Out of Camera. Page 7 of 9 Council Minutes July 05, 2012 2012-355 Moved by Councillor W Casier Seconded by Councillor T Southwick "THAT the Committee of the Whole do now rise from the "In Camera" session at 9:58 p.m." CARRIED UNANIMOUSLY 2012-356 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "THAT Council authorize the amendments to the collective agreement with CUPE Local 35.4 as outlined in Report H2012-07,pending ratification by CUPE." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-law 2012-078 A By-law to Authorize the Sale of Lands (b) By-law 2012-079 A By-law to appoint a Manager of Public Works (c) By-law 2012-080 A By-law to amend By-law 2004-015 setting water and sewer rates 2012-357 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT By-laws 2012-078,2012-079 and 2012-080 be read a first, second and third time and fmally passed." CARRIED UNANIMOUSLY (d) By-Law 2012-083 A By-Law to confirm all actions of Council 2012-358 Moved by Councillor T Southwick Seconded by Councillor W Casier "THAT confirming By-Law 2012-083 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY Page 8 of 9 Council Minutes July 05, 2012 13. ADJOURNMENT (a) Adjournment 2012-359 Moved by Councillor T Soutwick Seconded by Councillor E Ketchabaw "THAT the Council meeting be adjourned at 10:02 p.m." CARRIED UNANIMOUSLY 4ej *, ) m r MAYOR CLERK Page 9 of 9