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HomeMy WebLinkAboutSeptember 06, 2012 - Council COUNCIL MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville September 6,2012 7:00 PM The regular meeting of the Council of the Municipality of Bayham was held on Thursday, September 6, 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 and Public Works Manager Vance Czerwinski 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 August 16, 2012. 2012-437 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the minutes of the regular meeting held August 16, 2012 be approved as circulated." CARRIED (b) Added Item(s) None 4. DELEGATIONS, STATEMENTS AND UPDATES 1. DELEGATIONS None 2. STATEMENTS BY COUNCIL Mayor Ens congratulated Councillor Southwick for being the top seed spitter at the Watermelon Fest. He added that Councillor Ketchabaw was in the top six. Page 1 of 9 Council Minutes September 06,2012 3. UPDATES ON PROJECTS (a) Richmond Community Water System The Administrator advised that the well driller proceeded with a couple of test wells. He noted that there was a sampling issue with number 1 and it was re-sampled. Proceeding will depend on the results. (b) Acquisition/Disposition of Land-Harbour Divestiture The Administrator advised he had discussion with staff at Small Craft Harbours. Cost estimates regarding the EA process and a proposal may be available for the next Council meeting. 5. INFORMATION ITEMS (a) Correspondence dated August 19, 2012 from Association of Municipalities of Ontario regarding "AMO Submits Infrastructure Funding Priorities to Federal Government". File: A01 (b) Correspondence dated August 7, 2012 from Municipal Property Assessment Corporation regarding "MPAC Update". File: A16 (c) Bayham Harbourfront Committe minutes of meeting held August 14, 2012. File: C06 (d) Correspondence received from Lake Erie Region Source Protection Committee regarding "Draft Long Point Region Source Protection Plan". File: M06 (e) Correspondence regarding University of Guelph Turfgrass Outreach Project. File: A01 Councillor Southwick suggested a letter be sent in support of the Turfgrass Project. (f) Thunder Bay&Area Disaster Relief Fund correspondence dated August 2012 requesting financial support. File: A16 Councillor Ketchabaw requested support for the Thunder Bay Disaster Relief Fund. (g) Museums Bayham minutes of meeting held July 25, 2012. File: C06 (h) Mayor's Coalition for Affordable, Sustainable and Accountable Policing costs press release dated August 23, 2012. File: M06 (i) Bayham Historical Society minutes of meeting held June 14, 2012. File: C06 Page 2 of 9 Council Minutes September 06,2012 (i) Correspondence dated August 27,2012 from Town of Essex Mural Committee regarding "15th National Mural Symposium". File: A04 (k) St. Thomas-Elgin Local Immigration Partnership invitation to Networking Event September 27, 2012 at St. Anne's Center. File: A04 (1) 2012 Compliance Assessment Report for John Walker regarding Aggregate Resources. File: D05 (m) Email correspondence dated September 4, 2012 regarding Call for Proposals-Small Projects Enabling Accessibility open until October 5, 2012. File: Fi l Councillor Casier recommended that staff prepare a proposal under the Enabling Accessibility Small Projects for the unsuccessful sites that were previously submitted. (n) Otter Valley Naturalists invitation to attend meeting on September 10,2012 at Port Burwell Public School. File: C13 2012-438 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw "THAT information items 5(a)thorugh 5(n) be received for information; THAT Council support item 5(e); AND THAT Council support the Thunder Bay and Area Disaster Relief fund in the same amount as given to Goderich." CARRIED UNANIMOUSLY 6. PLANNING,DEVELOPMENT,RECREATION& TOURISM (a) Staff Report D2012-35 regarding Morrison Consent E72/12. File: D10.12 The Planning Co-ordinator advised that there was a variance of over 3% difference between the estimate and survey measurements making a re-submission of the application necessary. There is no change to the previously rezoned,retained parcel. 2012-439 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT Council recommend to the Elgin County Land Division Committee that consent application E72/12,submitted by Elwood and Marion Morrison,be granted subject to the following conditions: Page 3 of 9 Council Minutes September 06, 2012 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.planning report fee payable to the municipality." CARRIED (b) Staff Report D2012-36 regarding Stewart Consents E73 -77/12. File: D10.12 The Planning Co-ordinator noted that the applications will create 5 new lots. The lands to be severed are designated "Specific Policy Area No. 4 -New England"with the retained lands designated "Agriculture" in the Official Plan. Infilling is permitted in this area. As the southerly portion of the lands are located within the "Hazard Lands" comments in writing will be required from LPRCA. As Land Division Committee will only consider up to four lots at one time,two separate staff recommendations were provided for the LDC to consider at their September and October meetings. Discussion centered on the required rezoning condition that staff and planner suggest rezoning the lots to site-specific Rural Residential. Based on the Rural Residential Zone regulations, concerns focused on four of the five lots that are considerably undersized parcels with significantly reduced frontage of 31 metres, where 50 metres is the required frontage. Although similar in size to neighbouring lots, Council is concerned the reduced lot areas might limit the ability to satisfactorily replace septic systems should any fail. The applicant, Brent Stewart,was present and explained the need to maintain the proposed dimensions of Lot 5 due to the"Hazard Lands"designation of a portion of that lot. He noted that discussions with LPRCA about Lot 5 have been supportive of development. He expects that the depth of the other four lots would address any servicing concerns. Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not necessarily being correct. 2012-440 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT Council recommend to the Elgin County Land Division Committee that consent applications E73-77/12, submitted by Brent Stewart,be deferred." CARRIED UNANIMOUSLY (c) Staff Report D2012-38 regarding At Work Construction Rezoning Application. File: D14 Page 4 of 9 Council Minutes September 06, 2012 2012-441 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the zoning on lands owned by At Work Construction Ltd., located in Concession 8 Part Lots 21 & 22 be changed from Hamlet Residential-Holding [HR(h)] to Hamlet Residential (HR)in Bayham Zoning By-law Z456-2003, as amended; AND THAT Zoning By-law Z609-2012 be presented to Council for enactment." CARRIED UNANIMOUSLY 7. ROADS,AGRICULTURE &DRAINAGE (a) Staff Report PW2012-09 regarding Micro Seal Tender 2012. File: F18 The Manager of Public Works recommended completing the Micro Seal on Green Line this year and deferring the work on Jackson Line until early spring when funds could be allocated in the 2013 capital budget. 2012-442 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "That staff negotiate with the bidder, and proceed with the capital work of micro sealing only Green Line, and budget for the micro sealing Jackson Line in 2013; funds to come from the Materials Account 01-5510-5341 Green Line and 01-5510- 5349 Jackson Line." CARRIED UNANIMOUSLY 8. PROPERTY,BUILDING& PROTECTIVE SERVICES (a) Correspondence dated September 3, 2012 from Joe Stephenson, Otter Valley Naturalists regarding tree pruning on east beach. File: C13 The Administrator noted that the standard contract for parks maintenance includes the requirement that the contractors provide tree pruning. As such, the current contractor did proceed with routine pruning. Given the concerns expressed in the letter, Council agreed that the Otter Valley Naturalists be consulted prior to any pruning at this area in 2013. 2012-443 Moved by Councillor E Ketchabaw Seconded by Deputy Mayor M Taylor "THAT the correspondence dated September 3,2012 from Joe Stephenson, President Ottervalley Naturalists, be received for information." Page 5 of 9 Council Minutes September 06, 2012 CARRIED UNANIMOUSLY 9. FINANCE,ADMINISTRATION &PERSONNEL (a) Cheque Register being Cheque#013011 to Cheque#013094 inclusive totaling $319,132.21 and Payroll Disbursements for the period ending August 19, 2012 totaling $58,225.77. 2012-444 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw "THAT the Cheque Register being Cheque#013011 to Cheque#013094 inclusive, totaling $319,132.21 and Payroll Disbursements for the period ending August 19, 2012 totaling$58,225.77 be approved." CARRIED UNANIMOUSLY (b) Correspondence dated August 20, 2012 from Straffordville Cemetery Board regarding "Straffordville Cemetery Board Nomination to the Board". File: C12 2012-445 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw "THAT Council supports the request of the Straffordville Cemetery Board; AND THAT By-law 2012-095 appointing Dave Andrews to the Straffordville Cemetery Board,be presented to Council for enactment." CARRIED UNANIMOUSLY (c) Community Centres Committee draft minutes of meeting held August 30, 2012. (Item 6(a)requires Council approval.) Councillor Casier noted that the Community Centres Committee did decide on paint colours for the hall and are looking at receiving quotes to paint the paneling in the basement, to install new floor covering in the basement and front stairways. 2012-446 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the draft minutes of the Community Centres Board be received; AND THAT By-law 2012-094 amending rates and fees By-law 2012-022, be presented for enactment." CARRIED UNANIMOUSLY Page 6 of 9 Council Minutes September 06, 2012 (d) Correspondence dated August 25, 2012 from Doris VanDenEeckhout, Kinderkids Playgroup regarding use of the Bayham Community Centre. (Fee waiver required) File: C13 2012-447 Moved by Deputy Mayor M Taylor Seconded by Councillor E Ketchabaw "THAT Council grants permission to the Kinderkids Playgroup to use the upper room at the Bayham Community Centre during Library renovations; AND THAT the rental and cleaning fees be waived." CARRIED UNANIMOUSLY (e) Staff Report E2012-08 regarding Waste Management Master Plan Implementation- Bag Tags for 2013. File: E07 The Administrator, in order to determine how many bag tags should be allocated annually, suggested having leftover 2012 bag tags returned and entered in a draw for$250 in Bayham bucks as an incentive. Council was supportive of the concept. 2012-448 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the 2013 bag tag program be implemented as outlined in report E2012-08; AND THAT By-law No. 2012-097 to amend By-law No.2012-029,being a By-Law for the provision of Waste Collection and Recycling in the Municipality of Bayham, be presented to Council for enactment." CARRIED UNANIMOUSLY 10. ENVIRONMENT 11. COMMITTEE OF THE WHOLE (a) In Camera. 2012-449 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 8:25 p.m. to discuss a proposed or pending acquisition or disposition of land by the municipality or local board." CARRIED UNANIMOUSLY Page 7 of 9 Council Minutes September 06, 2012 (b) Closed session minutes of the regular meeting of Council held August 16, 2012. (c) Confidential Staff Memorandum regarding a proposed or pending acquisition or disposition of land by the municipality or local board(Disposal of Surplus Properties). (d) Out of Camera. 2012-450 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 8:40 p.m." CARRIED UNANIMOUSLY 12. BY-LAWS (a) By-Law Z609-2012 A By-Law to further amend By-Law Z456-2003 (At Work Construction) (b) By-law 2012-094 A By-law to amend rates& fees By-law 2012-022 (c) By-law 2012-095 A By-law to amend appointments By-law 2012-001 (d) By-law 2012-097 A By-law to amend By-law 2012-029 regarding Waste Collection &Recycling 2012-451 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT By-laws Z609-2012, 2012-094. 2012-095 and 2012-097 be read a first,second and third time and finally passed." CARRIED UNANIMOUSLY (e) By-Law 2012-096 A By-Law to confirm all actions of Council 2012-452 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT confirming By-Law 2012-096 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY Page 8 of 9 Council Minutes September 06, 2012 13. ADJOURNMENT (a) Adjournment 2012-453 Moved by Councillor W Casier Seconded by Deputy Mayor M Taylor "THAT the Council meeting be adjourned at 8:44 p.m." CARRIED UNANIMOUSLY mAa,e6„,, ';-.6•-vaoNS-1 cliczyLe0 OR CLE'RK Page 9 of 9