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.
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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
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(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:
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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
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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."
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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
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(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
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(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
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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
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