HomeMy WebLinkAboutOctober 18, 2012 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
October 18,2012
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
October 18, 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, Chief
Building Official/Drainage Superintendent Bill Knifton 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 October 4, 2012.
2012-497
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the minutes of the regular meeting held October 4, 2012 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the special meeting of Council held October 9, 2012.
2012-498
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the minutes of the special meeting held October 9,2012 be approved as
circulated."
CARRIED UNANIMOUSLY
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Council Minutes October 18, 2012
(c) Added Items
2012-499
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT in accordance with Section 21 of Procedural By-law 2002-93,
correspondence from the Port Burwell Royal Canadian Legion regarding the
Armistice parade,a confidential matter regarding proposed or pending acquisition
or disposition of land,be added to the agenda as item 7(c) and 11(e) respectively."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. DELEGATIONS
None
2. STATEMENTS BY COUNCIL
None
3. UPDATES ON PROJECTS
(a) Richmond Community Water System
The Administrator advised that discussions with the Ministry of the Environment and the Health
Unit have been positive. He noted that the added closed session item is in regard to land
acquisition for the project.
(b) Acquisition/disposition of land-Port Burwell Harbour
The Administrator advised that Small Craft Harbours has retained a contractor who is proceeding
with Phase I and II of an Environmental Site Assessment.
5. INFORMATION ITEMS
(a) Notice that leaf and yard waste 4-week period pickup will begin in urban areas on
October 29, 2012. 2013 Garbage Tags pickup will begin November 5th at the
Municipal office, other locations on specified dates.
File: MOO
(b) Elgin County Tourism Member E-newsletter.
File: M07
(c) Long Point Region Conservation Authority minutes of meeting held August 1, 2012.
File: C06
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Council Minutes October 18, 2012
(d) Ontario Good Roads Association correspondence dated October 3, 2012 regarding
nomination of Board of Directors.
File: A01
(e) Minister of Infrastructure/Minister of Transportation memorandum dated October 2,
2012 regarding Federal Long-Term Infrastructure Plan.
File: A16
(I) Correspondence dated September 2012 seeking nominations for June Callwood
Outstanding Achievement Award for Voluntarism in Ontario.
File: M02
(g) Stewardship Ontario correspondence dated September 28, 2012 regarding Industry
funding for Blue Box Recycling.
File: E07
(h) Request for Volunteer Award Nominations
File: MO1
2012-500
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT information items 5(a) through 5(h) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION& TOURISM
(a) Staff Report D2012-43 regarding Oliveira Consent Applications E80/12 - E81/12.
File: D10
Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not
necessarily being correct and did not support the application.
2012-501
Moved by Councillor W Casier
Seconded by Councillor W Ketchabaw
"THAT Council recommend to the Elgin County Land Division Committee that
consent applications E80-81/12, submitted by V&M Oliveira, be granted subject to
the following conditions:
1.Letter of Undertaking for merger of lands as per consent application
2. Long Point Region Conservation Authority written support for lot additions
3. planning report fee payable to the municipality
4. copy of the final survey be provided to the municipality."
CARRIED
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Council Minutes October 18, 2012
(b) Staff Report D2012-44 regarding Enns Consent Application E84/12.
File: D10
Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not
necessarily being correct and did not support the application.
2012-502
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council recommend to the Elgin County Land Division Committee that
consent application E84/12, submitted by Frank and Anna Enns,be granted subject
to the following conditions:
1. municipal approval of a minor variance application
2. grading certificate prepared to the satisfaction of the municipality
3. planning report fee payable to the municipality
4. $500 cash-in-lieu of parkland dedication fee
5. copy of the final survey be provided to the municipality."
CARRIED
(c) Staff Report D2012-45 regarding C.D. Phillips Consent Applications E68-E71/12.
File: D10
Deputy Mayor Taylor noted his opposition to decisions made based on assessment mapping not
necessarily being correct and did not support the application.
2012-503
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council recommend to the Elgin County Land Division Committee that
consent applications E68-71/12 as amended, submitted by C.D. Phillips,be granted
subject to the following conditions:
1.water quality testing meeting the provincial standards
2.water quantity testing report for nitrates and bacteria content meeting the
provincial standards
3. grading plan and/or surface water management plan incorporating a municipal
drain or drain agreement to the satisfaction of the municipal Drainage
Superintendent
4. municipal lot assessments
5. confirmation of approved County Road accesses
6. rezoning
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Council Minutes October 18, 2012
7. planning report fee payable to the municipality
8. purchase of civic numbering signage
9. $500 cash in lieu of parkland dedication fee for each created lot
10. copy of the final survey be provided to the municipality."
CARRIED
7. ROADS,AGRICULTURE & DRAINAGE
(a) Request from the Otter Valley/Port Burwell Optimist Club for road closure and use of
streets for the Port Burwell Santa Claus parade to be held Saturday,December 1, 2012
at 6:30 p.m.
File: T09
2012-504
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council approves closure of Elizabeth Street, south of Wellington Street
during the Santa Claus parade, and use of Wellington,Robinson and Pitt Streets in
Port Burwell for a Santa Claus Parade on Saturday,December 1, 2012 beginning at
the Legion at 6:00 p.m. subject to;
• providing a certificate of liability insurance coverage 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 County of Elgin be requested to provide approval for use of
Wellington Street."
CARRIED UNANIMOUSLY
(b) Request from the Straffordville Santa Claus Parade Committee to close Chapel Street
and use streets in Straffordville from the Public School to the Bayham Community
Centre on Saturday, December 8, 2012 from 10:30 a.m. until 11:30 a.m. for the Santa
Claus parade.
File: T09
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Council Minutes October 18, 2012
2012-505
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council approves the request from the Straffordville Santa Claus Parade
Committee to close Chapel Street, south of Heritage Line, and use streets in
Straffordville from Garnham Street at the Public School, along Main,West and
Third Streets,Plank Road and Heritage Line to the Bayham Community Centre for
a Santa Claus parade on Saturday,December 8,2012 from 10:30 a.m. until 11:30
a.m. subject to;
• -providing a certificate of liability insurance coverage 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 County of Elgin be requested to provide approval for use of Plank
Road and Heritage Line for the parade."
CARRIED UNANIMOUSLY
(c) Correspondence from the Royal Canadian Legion, Branch 524 requesting to use
Wellington, Robinson and Pitt Streets for the Armistice parade on Sunday,November
4, 2012 beginning at 2:00 p.m.
File: T09
2012-506
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council grants permission to the Port Burwell Royal Canadian Legion to
use Wellington,Robinson and Pitt Streets from the Legion to the cenotaph in Port
Burwell for an Armistice parade on Sunday,November 4,2012 beginning at 2:00
p.m. subject to:
-providing a certificate of liability insurance coverage 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;
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Council Minutes October 18, 2012
AND THAT permission be requested from the County of Elgin to use Wellington
Street."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
(a) Staff Report P2012-013 regarding 2012 Third Quarter Report Building Services &
Drainage.
File: P10
2012-507
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT Staff Report P2012-013 regarding 2012 Third Quarter Report Building
Services & Drainage be received for information."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION &PERSONNEL
(a) Cheque Register being Cheque#13267 to Cheque#13343 inclusive, except Cheque
#13323,totaling$267,611.43 and Payroll Disbursements for the period ending
September 30,2012 totaling$51,345.78.
2012-508
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT Cheque Register being Cheque#13267 to Cheque#13343 inclusive, except
Cheque#13323 totaling$267,611.43 and Payroll Disbursements for the period
ending September 30, 2012 totaling$51,345.78 be approved."
CARRIED UNANIMOUSLY
(b) Financial Report for the period ending September 30, 2012.
File: F05
The Treasurer explained that the current year to date in the budget column equals 75% of the
annual budget. He highlighted that taxation revenue is 100% of the levy amount but
supplementary tax billings or write-offs are not yet available. He also noted some expenditure
items, such as insurance are fully expended early in the year.
Mr. Aristone noted that, as the OPP costs are estimated to be$63,000 under budget,there may be
no need to draw from the policing reserve. He added that the revenues for the building
department have already surpassed the budgeted amounts and that Richmond Community Water
expenditures look to be under budget. Expenditures budgeted under General Assistance appear
under Parks and Recreation and Festivals under Tourism, and are within the overall total budget.
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Council Minutes October 18, 2012
There are final quarterly allocations for the County and School Boards and capital expenditures
still outstanding. Overall he has no concerns with the 2012 actual expenditures or revenues at
this time.
2012-509
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the financial report for the period ending September 30,2012 be received
for information."
CARRIED UNANIMOUSLY
(c) Staff Report F2012-20 regarding Municipal Infrastructure Investment Initiative.
File: F 1 l
2012-510
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the Treasurer be authorized to sign the required declaration on the
completed Expression of Interest for the Municipal Infrastructure Investment
Initiative Funding for Asset Management."
CARRIED UNANIMOUSLY
(d) Correspondence received October 12, 2012 from Fran Southwick, Chairperson,Vienna
Citizens'Group requesting additional time be given to raise funds for the Vienna old
town hall. Activities and financial report is included. A petition to "Save a Land
Mark" containing 316 signatures has also been submitted. Ms. Southwick was in
attendance to answer any questions from Council.
File: C13/M04
The Administrator noted that the hall incurs ongoing hydro costs including heating over the
winter and there are funds budgeted in reserves for demolition. Deadlines for grant submissions
to the Ontario Trillium Foundation are November and March 1st.
Discussion included engineering reports and information required for a successful funding
application, fundraising efforts to date, ownership of the property, seeking assistance from the
Elgin Business Resource Centre for development of a business plan for the group.
Ms. Southwick confirmed the Group will continue to fundraise, however, there is no likelihood
of proceeding without grant support.
2012-511
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT correspondence from Fran Southwick,Chairperson,Vienna Citizens'
Group be received for information;
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Council Minutes October 18, 2012
AND THAT the Group be requested to report back on their status by May 31st,
2013."
CARRIED UNANIMOUSLY
(e) Museums Bayham draft minutes of meeting held October 10, 2012, includes
resignation of Jean Woon and recommendation to nominate Charles Buchanan for the
Queen's Diamond Jubilee Medal.
File: M08
2012-512
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT Council accepts the resignation submitted by Jean Woon from the
Museums Bayham Board and museums sub-committees;
AND THAT Charles Buchanan be nominated to receive a Queen's Diamond Jubilee
Medal."
CARRIED UNANIMOUSLY
(0 Staff Report PW2012-11 regarding the County Road Maintenance Agreement/Funding.
File: L04
The Administrator reviewed his report with Council. He noted that current reimbursement for
County road maintenance costs incurred by the Municipality leaves Bayham in a deficit position.
Best practices incorporated into the new agreement,however, go beyond what is to be done, to
include how it is done. It also proposes that any deviation from those must be approved in
writing by the County.
He stated the agreement should be based on the level of service required, and that the proposal
creates two standards, which may increase liability for the lower tier municipalities, if issues
occur. He suggested that some areas of the agreement require clarification. The new agreement
does provide for arbitration as a dispute mechanism and expects it will be of assistance in
achieving more favourable compensation levels.
2012-513
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT staff be authorized to present comments regarding the proposed new
County Road Maintenance Agreement to the County of Elgin as outlined in Report
PW2012-11."
CARRIED UNANIMOUSLY
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Council Minutes October 18, 2012
(g) Correspondence dated October 15, 2012 from Brian Masschaele, County of Elgin,
requesting approval for Roadside Signage for the Straffordville Library.
File: A16
2012-514
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT the Council of the Municipality of Bayham supports the placement of
roadside digital signage for the Straffordville Library;
AND THAT the full cost of the installation be the responsiblity of the County of
Elgin."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Bayham Water Distribution System Quarterly Report and call-ins for the period ending
September 30, 2012.
File: E08
2012-515
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Bayham Water Distribution System Quarterly Report and call-ins for
the period ending September 30, 2012 be received for information."
CARRIED UNANIMOUSLY
(b) Bayham Small Municipal Non-residential wells quarterly report for the period ending
September 30,2012.
File: E08
2012-516
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT the Bayham Small Municipal Non-residential wells quarterly report for the
period ending September 30, 2012 be received for information."
CARRIED UNANIMOUSLY
(c) Richmond Community Water System quarterly report and call-ins for the period
ending September 30, 2012.
File: E08
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Council Minutes October 18, 2012
2012-517
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT the Richmond Community Water System quarterly report and call-ins for
the period ending September 30,2012 be received for information."
CARRIED UNANIMOUSLY
(d) Port Burwell Wastewater Treatment Plant Quarterly Compliance Summary and call-ins
for the period ending September 30, 2012.
File: E08
2012-518
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Port Burwell Wastewater Treatment Plant Quarterly Compliance
Summary and call-ins for the period ending September 30,2012 be received for
information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2012-519
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 9:15 p.m. to discuss:
• 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) Closed session minutes of the regular meeting of Council held October 4, 2012.
(c) Closed Session minutes of special meeting held October 9, 2012.
(d) Confidential Staff Report P2012-023 regarding litigation matters affecting the
municipality. (Timmermans)
File: L13
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Council Minutes October 18, 2012
(e) Confidential correspondence regarding acquisition/disposition of land. (Richmond
Community Water)
File: L07
(f) Out of Camera.
2012-520
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
10:17 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-law 2012-106 A By-law to further amend appointments B/L 2012-001
(Woon/Scott)
2012-521
Moved by Councillor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT By-law 2012-106 further amending appointments By-law 2012-001 be read
a first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(b) By-Law 2012-107 A By-Law to confirm all actions of Council
2012-522
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT confirming By-Law 2012-107 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
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Council Minutes October 18, 2012
13. ADJOURNMENT
(a) Adjournment
2012-523
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT the Council meeting be adjourned at 10:20 p.m."
CARRIED UNANIMOUSLY
dot die/A-60—
MA OR CLEW
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