HomeMy WebLinkAboutJuly 19, 2012 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
Council Chambers
July 19,2012
7:00 PM
Regular Council Public Meeting
The regular meeting of the Council of the Municipality of Bayham was held on Thursday, July
19,2012 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 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 regular meeting of Council held July 5, 2012.
2012-362
Moved by Councillor E Ketchcbaw
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held July 5, 2012 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Added Item(s) None
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
(a) 7:05 p.m. -Jack Baribeau,Elgin Innovation Centre and Jack Couckyt,Mayor of
the Town of Aylmer were present regarding potential port terminal.
Mr. Baribeau identified that he is a joint owner of the Elgin Innovation Centre(the
former tobacco factory in Aylmer) and is interested in supporting local economic
development opportunities. He believes the port ferry terminal project proposed by Kent
Kristensen, understood to be backed by private investors,may be a feasible endeavour.
He understands that the investors want to be sure such a project is welcome in Bayham
and Elgin County. Council of the Town of Aylmer has given support"in principle" and
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Council Minutes July 19, 2012
he and Mr. Couckyt requested that Bayham Council also come on board. The project is
proposed on Lake Erie near the Elgin and Norfolk County line.No financial support is
being solicited at this time.
Discussion followed.
2012-363
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
1. "THAT the Council of the Municipality of Bayham supports,in principle,a Port
of Entry project as presented by the Elgin Innovation Centre, on the understanding
that such support does not include any municipal financial commitment;
2. THAT such support in principle is subject to the completion by the proponent
and consideration of a Community Impact Study, to evaluate the economic, social,
and environmental impacts of such a project,including physical and operation
improvements needed to support such a facility;
3. AND THAT this resolution be circulated to the County of Elgin for support."
CARRIED UNANIMOUSLY
(b) 8:00 p.m. -Ray Talbot regarding beach improvements.
Ray Talbot spoke suggesting ways beach and water safety could be enhanced at the East
Beach.
Staff was requested to prepare a report for the next meeting with recommendations for
Council's consideration.
(c) Jean Woon regarding a confidential acquisition/disposition of property.
2. STATEMENTS BY COUNCIL
None
3. UPDATES ON PROJECTS
(a) Richmond Community Water
The Administrator noted that a meeting with water system users was held July 16 adding
that the Engineer also attended and is working to identify a suitable water source.
(b) Harbour Divestiture
There was nothing further to report.
5. INFORMATION ITEMS
(a) Stewardship Ontario correspondence dated June 30, 2012 regarding Blue Box
recycling program first quarterly payment.
File: E07
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Council Minutes July 19, 2012
(b) Minister of State correspondence dated July 5, 2012 regarding Community
Infrastructure Improvement Fund(CIIF).
File: Fl 1 Gen
(c) Municipal Employers Pension Centre of Ontario email correspondence dated July 9,
2012 regarding OMERS update.
File: AO l Gen
(d) Email correspondence dated July 5, 2012 from Marion Rogers regarding preparation
for arrival of Ojibwa.
File: C13
(e) Ontario Property&Environmental Rights Alliance correspondence dated July 6, 2012
regarding Endangered Species Information Bulletin.
File: A01
(f) Correspondence dated July 1, 2012 from Elaine Donck in appreciation of grade 7
Mathematics award.
File: M02
(g) Town of Tillsonburg background information and correspondence dated June 28, 2012
to Premier McGuinty regarding Council Resolution regarding Business Tax Capping
Reform.
File: C10
(h) Toby Barrett response to Norfolk County request to support establishment of a
Southwestern Ontario Development Fund.
File: A16
(i) Email received July 12, 2012 from Dennis Travale,Norfolk County regarding response
from Toby Barrett, MPP regarding establishment of the Southwestern Ontario
Development Fund and information received July 16 regarding petition to be found at
www.supportbill l 1.ca
(j) Straffordville Community Committee request for donations for Watermelon Fest.
File: R06
(k) Tillsonburg District Memorial Hospital news release dated July 11, 2012 regarding
appointment of Crystal Houze as the new President and CEO.
File: M06
(l) Foundation for the Study of Processes of Government in Canada correspondence
regarding Forum for Young Canadians.
File: A01
(m) Correspondence dated July 10, 2012 from Premier McGuinty acknowledging Bayham's
support for the Town of Minto regarding the Source Water Protection Program.
File: A16
(n) Elgin Military Museum Project Ojibwa June update.
File: D06
(o) Museums and Technology Fund is now accepting applications.
File: F11
Staff responded to questions from Council members regarding items 5 (b), (g) and(i).
2012-364
Moved by Deputy Mayor
Seconded by Councillor W Casier
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Council Minutes July 19, 2012
"THAT information items 5(a) through 5(o)be received;
THAT the Council of the Municipality of Bayham supports the resolution passed by
the Town of Tillsonburg on June 25, 2012 regarding Business Tax Capping Reform;
AND THAT the Council of the Municipality of Bayham supports the petition letter
regarding Bill 11."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Report D2012-30 regarding Wieler consents E57-E58/12.
File: D10.12Wieler
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct and did not support the resolutions.
2012-365
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council recommend to the Elgin County Land Division Committee that
consent application E57/12, submitted by Peter and Ruth Wieler,be granted
subject to conditions:
1. water quantity testing report meeting the Provincial standards
2. water quality testing report for nitrates and bacteria content meeting the
Provincial standards
3. grading plan subject to municipal approval
4. municipal lot assessment
5. final survey provided to the municipality
6. $500 cash-in-lieu of parkland dedication
7. purchase of civic numbering signage
8. planning report fee payable to the municipality
9. confirmation of County approved access to County Road 19 (Plank Road)
10. rezoning."
CARRIED
2012-366
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council recommend to the Elgin County Land Division Committee that
consent application E58/12,submitted by Peter and Ruth Wieler,be granted
subject to conditions:
1. water quantity testing report meeting the Provincial standards
2. water quality testing report for nitrates and bacteria content meeting the
Provincial standards
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Council Minutes July 19, 2012
3. grading plan subject to municipal approval
4. municipal lot assessment for each lot
5. final survey provided to the municipality
6. $500 cash-in-lieu of parkland dedication for each created lot
7. purchase of civic numbering signage
8. confirmation that proposed Lot 5 can accommodate a dwelling based on the
required setbacks of the Village Residential(R1) and Section 4.14 of Bayham
Zoning By-law Z456-2003
9. Conservation Authority approval for development
10. confirmation of County approved access to County Road 19 (Plank Road)
11. rezoning."
CARRIED
(b) Staff Report D2012-31 regarding Froese consent#E52/12.
File: D10.12Froese
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct and did not support the resolution.
2012-367
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council recommend to the Elgin County Land Division Committee that
severance application E52/12, submitted by Fredy and Judy Froese, be granted
subject to conditions:
1. rezoning of both the severed and retained parcels
2. copy of the final survey be provided to the municipality
3. $500 cash-in-lieu of parkland dedication fee."
CARRIED
(c) Staff Report D2012-032 regarding Peters consent E71/11.
File: D10.11 Peters
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct and did not support the resolution.
2012-368
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council recommend to the Elgin County Land Division Committee the
consent application E71/11, submitted by Abraham and Emma Peters, be granted
subject to conditions:
1. Development Agreement
2. Lot grading plan
3. Stormwater management plan
4. Water quantity testing report meeting the Provincial standards
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Council Minutes July 19, 2012
5.Water quality testing report for nitrates and bacteria content meeting the
Provincial standards
6. $500 cash in lieu of parkland dedication per lot(2)
7. civic numbering signage for each lot
8. copy of the final survey
9. rezoning to remove the "holding" provision subject to related conditions."
CARRIED
(d) Staff Report D2012-033 regarding County Draft Official Plan
File: DO8CTY
The Planning Co-ordinator referred Council to a Memorandum from the Planner
regarding specific matters of outstanding concern in regard to the draft County OP.
It was suggested that the Official Plan should not be as prescriptive and should provide
more flexibility to the lower tier municipalities.
It was requested that a formal presentation defining concerns and objections and
identifying the reasons for same, be made at the public meeting.
2012-369
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the municipal planner prepare correspondence regarding municipal
concerns with the draft County Official Plan to be submitted to the County of Elgin
prior to the July 24,2012 public meeting."
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
2012-370
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
PUBLIC MEETING
7:30 p.m. -Morrison Rezoning-The purpose of the amendment is to change the
zoning from the Agricultural(Al) Zone to a site-specific Agricultural(A1-28)Zone to
accommodate a conveyance of land for the purpose of a boundary adjustment
submitted by Elwood and Marion Morrison.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None
STAFF PRESENTATION
Staff Report D2012-29 regarding Morrison Re-zoning.
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Council Minutes July 19, 2012
File D14.MORR
The Planning Co-ordinator noted that the change in the zoning from the Agricultural (Al)
designation to a site-specific Agricultural(A1-28) zone will allow a minimum lot area of
9.2 hectares where a minimum lot area of 20 hectares is required. She added that no
written comments from the public were received.
PUBLIC COMMENTS
Mr. Roe confirmed satisfaction, on behalf of the applicant, with the zoning requirements.
There were no other public comments.
COUNCIL COMMENTS AND QUESTIONS
Councillor Ketchabaw questioned and Mr. Morrison confirmed that he was aware that the
reduced acreage may affect his ability to maintain his Farm Business Registration status.
Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping
not necessarily being correct and did not support the resolution.
ADJOURNMENT
2012-371
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Public Meeting be adjourned at 7:35 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2012-372
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the zoning of those lands located in Part Lots 5 & 6 Concession 4, owned by
Elwood and Marion Morrison,be changed from Agriculture (Al) to site-specific
Agriculture (A1-28)for the purpose of a boundary adjustment in accordance with
Consent Application E29/12;
AND THAT Zoning By-law Z608-2012 be presented for enactment."
CARRIED
7. ROADS,AGRICULTURE &DRAINAGE
(a) Staff Report DR2012-010 regarding Casier Drain Froggett Branch Tenders.
File: E09
2012-373
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council accept the tender for provision of drainage works set out in the
Form of Tender for the Casier Drain Froggett, as submitted by Wall Ex Inc., in the
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Council Minutes July 19, 2012
amount of$6,783.00 (excluding taxes),with work to commence on or before July 20,
2012 and to be fully completed on or before September 28, 2012;
AND THAT By-law 2012-081 authorizing the execution of contract documents be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Staff Report DR2012-11 regarding Centre Street Drain Tenders.
File: E09
2012-374
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council accept the tender for provision of drainage works set out in the
Form of Tender for the Centre Street Municipal Drain, as submitted by Froese
Excavating,in the amount of$50,330.76 (excluding HST),with work to commence
in September;
AND THAT By-law 2012-082 authorizing the execution of contract documents be
presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) Staff Report DR2012-012 regarding Little Jerry Creek Drain, Revised Schedule C.
File: E09
2012-375
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Law#2012-086,being a By-Law to approve a revised Schedule "C" for
the Little Jerry Creek Drain Engineers Report No. 204135 from Spriet Associates
be presented to Council for enactment."
CARRIED UNANIMOUSLY
(d) Straffordville Community Committee Road Closure request for Watermelon Fest
Parade.
File: R06
2012-376
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council grants permission to use municipal streets within Straffordville for
the Watermelon Fest parade beginning at 10:00 a.m. on Saturday,August 25, 2012;
THAT Old Chapel Street south from Heritage Line to Plank Road be closed during
the parade;
THAT Council requests permission from the County of Elgin to use Plank Road
from Third Street south to Heritage Line and Heritage Line west to the Bayham
Community Centre between 9:30 a.m. and 11:00 a.m. during the Parade in
Straffordville subject to the organizers:
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Council Minutes July 19, 2012
• providing the municipality with proof of liability insurance to cover all events
including naming the municipality as an additional insured;
• obtaining the necessary approvals from the Ontario Provincial Police and the
Bayham Fire Chief(as per completion of the Municipal Road Close Notice and
parade route mapping);
THAT the Manager of Public Works be directed to make the necessary
arrangements for traffic control and safety;
AND THAT the clean up of the park area be the responsibility of the organizers."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2012-013 Second Quarter Building Services and Drainage Report.
File P10
2012-377
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT Staff Report P2012-013 regarding activities of the Building Services &
Drainage Department for the second quarter of 2012 be received for information."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#012810 to Cheque#012873 inclusive, totaling
$160,771.73 and Payroll Disbursements for the period ending July 8, 2012 totaling
$54,459.12.
2012-378
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Cheque Register being Cheque#012810 to Cheque#012873 inclusive,
totaling $160,771.73 and Payroll Disbursements for the period ending July 8, 2012
totaling$54,459.12 be approved."
CARRIED UNANIMOUSLY
(b) Staff Report F2012-13 regarding 2010 Surplus Allocation.
File: F05
2012-379
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT the 2010 accumulated surplus of$132,971.40 be utilized as follows:
a) $63,642.44 to fund the balance of the 2009 Playground Equipment Project.
b) $22,070.52 to an Environmental Reserve to accommodate future environmental
issues on prior tax sale properties.
c) $47,258.44 to the OMPF Reserve to plan for the expected,but undetermined,
future reduction of the OMPF Provincial Grant."
CARRIED UNANIMOUSLY
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Council Minutes July 19, 2012
(c) Financial Report for the period ending June 30, 2012.
2012-380
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Financial Report for the period ending June 30, 2012 be received for
information."
CARRIED UNANIMOUSLY
(d) Staff Report F2012-14 regarding 2012 Final Tax Bill Installments.
File: F22
Item withdrawn
(e) Email dated July 10, 2012 from Gloria Wilson,representing the Bayham SubMissions
group, requesting permission to place Canadian and Ojibwa flags on hydro poles in
Port Burwell.
File: C13
2012-381
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT Council grants the Bayham SubMissions group permission to hang
Canadian and Ojibwa flags from Hydro poles in Port Burwell, at full cost to the
group, subject to input from the Public Works Manager and HydroOne approval,
as applicable."
CARRIED UNANIMOUSLY
(fl Staff Memorandum 2012-06 regarding 2012 Volunteer Recognition Night.
File: M02
2012-382
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT the 2012 Volunteer Recognition Night be held on Thursday,November 22,
2012 at the Bayham (Straffordville) Community Centre commencing at 7:00 p.m."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) MOTION TO EXTEND LENGTH OF MEETING
2012-383
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT in accordance with Section 12 of the Procedural By-law 2002-93, Ccouncil
shall deal with business until 11 p.m. at its meeting of July 19, 2012."
CARRIED UNANIMOUSLY
11. COMIIIITTEE OF THE WHOLE
(a) In Camera.
Page 10 of 12
Council Minutes July 19, 2012
2012-384
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 9:05 p.m. to discuss:
• the security of the property of the municipality or local board;
• 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
(b) Confidential verbal report to Council regarding acquisition/disposition of property.
(Edison Museum)
(c) Closed session minutes of the regular meeting of Council held July 5, 2012.
(d) Request for discussion regarding a confidential property standards by-law enforcement
matter(litigation or potential litigation).
(e) A confidential matter in regard to security of property of the municipality or local
board. (Project Ojibwa)
File: D06
(1) Out of Camera.
2012-385
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
10:35 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-law Z608-2012 A By-law to amend Z456-2003, as amended(Morrison)
(b) By-law 2012-081 A By-law to authorize an agreement with Wall-Ex Inc. for
provision of drainage works (Casier Drain- Froggett Branch)
(c) By-law 2012-082 A By-law to authorize an agreement with Froese Excavating for
provisions of drainage works. (Centre Street Drain)
(d) By-law 2012-084 VOID withdrawn
(e) By-law 2012-086 A By-law to amend Schedule "C"to By-law 2006-065
(assessment for Little Jerry Creek drain maintenance)
2012-386
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT By-laws Z608-2012, 2012-081, 2012-082 and 2012-086 be read a first,
second and third time and finally passed."
CARRIED UNANIMOUSLY
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Council Minutes July 19, 2012
(0 By-Law 2012-087 A By-Law to confirm all actions of Council
2012-387
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"That confirming By-Law 2012-087 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2012-388
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 10:45 p.m."
CARRIED UNANIMOUSLY
YOR CLEF
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