HomeMy WebLinkAboutNovember 15, 2012 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
November 15, 2012
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
November 15, 2012 in the Council Chambers. Present were Mayor Paul Ens, Councillors Tom
Southwick, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda
Millard.
Mark Taylor was in attendance, however not as Deputy Mayor, as he had recently submitted his
resignation which was considered under item 9(b).
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 November 1, 2012.
2012-541
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held November 1,2012 be approved as
circulated."
CARRIED UNANIMOUSLY
4. DELEGATIONS, STATEMENTS AND UPDATES
1. Delegations
(a) 7:05 p.m. -Rainey Weisler on behalf of the Otter Valley Chamber of Commerce
Executive regarding "Vacant Council Position".
Rainy Weisler, President, Otter Valley Chamber of Commerce,presented a request on behalf of
the Chamber executive that Council fill the Deputy Mayor vacancy through a by-election.
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Council Minutes November 15, 2012
(b) 7:20 p.m. - General Manager Art Lawson, South Central Ontario Region Economic
Development Corporation regarding "Ongoing Activities".
Mr. Lawson provided an update on the activities of the organization which covers five counties
and 28 municipalities. Re-paid Sand Plains loans are being re-invested in various opportunities.
Agriculture is still the largest employer, several partnerships have been developed and tourism
businesses continue to develop. He noted that municipalities will need to develop their asset
management plans in order to qualify for infrastructure funding. Agricultural land uses under
Provincial Policy Statements are becoming more lenient,municipalities must be consistent and
lands taxed accordingly.
(c) 7:40 p.m. -Wade Spitzke regarding "petition supporting the appointment of an
individual to fill the vacancy created by the resignation of the Deputy Mayor".
Mr. Spitzky presented a petition signed by residents in support of filling the vacant Council
position by appointment.
(d) 7:50 p.m. - Shawn Mathews regarding "Zoning By-Law".
Mr. Mathews advised that he is currently parking only the truck tractor, not the trailer, at his
residence overnight. He requested permission to continue to do so for another six months or until
he can make other arrangements or find other employment.
Discussion followed. Staff was requested to clarify zoning designation that applies to the
property.
(e) 8:00 p.m. -David& Susan Ross regarding "Zoning By-Law". (Did not attend)
(I) 8:10 p.m. -Jamie Kent from AMBER energy Co-operative regarding "Solar System
Applications".
Mr. Kent made a request to Council to support five FIT program applications submitted for
consideration at the next Council meeting. He offered to assist with a proposal should Council
wish to apply for an installation on any municipal building.
2. STATEMENTS BY COUNCIL
Councillor Ketchabaw noted that he had been advised that a Maple Grove Line "stop
ahead" sign is missing before the Plank Road intersection. He also noted that there is also a
sink-hole on that road that needs to be fixed.
Councillor Southwick offered thanks to Mark Taylor for his contributions to Council and
noted that petitions and emails in favour of a by-election to fill the position have been
received.
3. UPDATES ON PROJECTS
(a) Richmond Community Water System—The Administrator advised that an agreement
for land acquisition has been reached and a survey has been requested. An agreement of
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Council Minutes November 15, 2012
purchase and sale will be forthcoming for Council approval. A short-term extension with the
MOE may be required, however, the completion of the works is expected to meet the funding
deadline.
(b) Acquisition/Disposition of land-Harbour Divestiture—The Administrator noted that
the Environmental Site Assessment will be proceeding next week.
5. INFORMATION ITEMS
(a) Correspondence dated October 25, 2012 from Elgin County regarding "Elgin County
Conference Series: Growing Your Agribusiness".
File: A16
(b) Correspondence dated November 2, 2012 from The Lake Erie Region Source
Protection Committee regarding "Proposed Long Point Region Source Protection
Plan".
File: E00
(c) Public Consultation notice regarding "Proposed Drinking Water Source Protection Plan
for the Long Point Region Watershed".
File: E00
(d) Announcement regarding "NHL Leafs Alumni Game".
File: MOO
(e) Long Point Region Conservation Authority Board of Directors minutes of meeting held
October 3, 2012.
File: C06
(f) Bayham Community Centres Committee minutes of meeting held November 8, 2012.
File: CO6
2012-542
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT information items 5(a) through 5 (1) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING, DEVELOPMENT, RECREATION & TOURISM
(a) Correspondence dated November 2, 2012 from Ontario Heritage Trust regarding
"Doors Open Ontario 2013".
File: ROO
It was commented that the East Elgin Doors Open 2012 did not appear to be advertised as much
as in 2011.
Page 3 of 12
Council Minutes November 15, 2012
2012-543
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the following actions be taken with respect to registration for the Doors
Open Ontario 2013:
(a) the Municipality of Bayham Council supports participating in the Doors Open
Ontario event for 2013,partnering with the Township of Malahide and the Town of
Aylmer,noting that the Town of Aylmer will take the lead on this event; and
(b) the Municipality of Bayham Council approves financial support for the 2013
registration fee of$1,695.00 ($1,500 plus HST),being$565.00 per partner. "
CARRIED UNANIMOUSLY
(b) Staff Report D2012-47 regarding Stewart Consents E73-75/12 &E77/12 as amended.
File: D10.12 Stewart
The Planning Co-ordinator noted that the Stewart consent applications have been amended to
provide for a maximum of four larger lots, each with increased frontage. The size of the retained
parcel has not been altered. Site specific re-zoning will be required.
2012-544
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Council recommend to the Elgin County Land Division Committee that
amended consent applications E73/12, E74/12 & E75/12, submitted by Brent
Stewart,be granted subject to the following conditions:
1. rezoning of the severed and retained lands
2. water quality testing report meeting the provincial standards
3.water quantity testing report for nitrates and bacteria content meeting the
provincial standards
4. grading plan
5. municipal drain outlet
6. municipal lot assessments
7. planning report fee payable to the municipality
S. confirmation of County Road access
9. purchase of civic numbering signage
10. $500 cash in lieu of parkland dedication fee for each created lot
11. copy of the final survey be provided to the municipality."
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Council Minutes November 15,2012
CARRIED UNANIMOUSLY
2012-545
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT Council recommend to the Elgin County Land Division Committee that
amended consent application E77/12, submitted by Brent Stewart,be granted
subject to the following conditions:
1. rezoning of the severed and retained lands
2. water quality testing report meeting the provincial standards
3. water quantity testing report for nitrates and bacteria content meeting the
provincial standards
4. grading plan
5. municipal drain outlet
6. municipal lot assessments
7. confirmation of County Road access
8. purchase of civic numbering signage
9. $500 cash in lieu of parkland dedication fee for each lot created
10. Long Point Region Conservation Authority written approval for development
11. planning report fee payable to the municipality
12. copy of the fmal survey be provided to the municipality."
CARRIED UNANIMOUSLY
(c) Staff Report D2012-48 regarding Provincial Policy Statement(PPS) 2005 Provincial
Review Request for Comments.
File: PPS 2005 Review
2012-546
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the memorandum prepared by IBI Group dated November 8, 2012
regarding the Provincial Policy Statement Review Draft Policies be received for
information."
CARRIED UNANIMOUSLY
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Council Minutes November 15, 2012
(d) Staff Report D2012-49 regarding Teichroeb Subdivision Agreement and Draft
Amended Zoning By-law Z603-2012.
File: L04.TEIC
2012-547
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-law 2012-117, being a by-law authorizing a subdivision agreement with
Cornelius and Sara Teichroeb, be presented for enactment."
CARRIED UNANIMOUSLY
7. ROADS,AGRICULTURE& DRAINAGE
(a) Staff Report DR2012-015 regarding Richmond Road Drain Branch"A".
File: E09
2012-548
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the Council of the Municipality of Bayham acknowledges the receipt of
Report#211479 dated October 19,2012 for the Richmond Road Drain Branch "A" ,
as prepared by the Engineer, Spriet Associates, and filed with the Clerk on October
26, 2012;
THAT Council set a date for the Public Meeting to be held on December 6,2012 at
8:00 p.m. to consider the Report;
AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all
persons assessed to this drainage works,in accordance with the Drainage Act. "
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
9. FINANCE, ADMINISTRATION & PERSONNEL
(a) Cheque Register being Cheque#013408 to Cheque#013477 inclusive, except Cheques
#013440, #013344 and#012825 and totaling$235,564.38 and Payroll Disbursements
for the period ending October 28,2012 totaling$52,178.60.
2012-549
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Cheque Register being Cheque#013408 to Cheque#013477 inclusive,
except Cheques#013440,#013344 and#012825 and totaling $235.564.38 and Payroll
Disbursements for the period ending October 28,2012 totaling $52,178.60 be
approved."
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Council Minutes November 15, 2012
CARRIED UNANIMOUSLY
(b) Memorandum C2012-10 regarding "Resignation/Deputy Mayor Position".
File: C07
2012-550
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the resignation of Mark Taylor from the position of Deputy Mayor be
received;
AND THAT the Council of the Municipality of Bayham now declares the seat for
the position of Deputy Mayor vacant."
CARRIED UNANIMOUSLY
Council put forward and discussed their options/preferences for filling the vacant position.
Councillor Southwick requested a recorded vote on the following resolution:
2012-551
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Council fill the position of Deputy Mayor by appointment".
In Favour Opposed
Councillor Casier X
Mayor Ens X
Councilor Ketchabaw X
Councillor Southwick X
Motion Defeated on a recorded tie vote of 2 to 2
Councillor Southwick moved to fill the position by by-election. There was no seconder.
(c) Copy of correspondence dated November 2, 2012 from Port Burwell Optimists Club
and Recreational Society to Alcohol and Gaming Commission of Ontario regarding
"Tub Daze Community Festival".
File: R06
2012-552
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council of the Municipality of Bayham supports the Port Burwell
Optimist Club and the Recreational Society in their efforts to hold Tub Daze
activities August 3,4, and 5, 2013."
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Council Minutes November 15, 2012
CARRIED UNANIMOUSLY
(d) Staff Report C2012-11 regarding ALUS Partnership -LPRCA Contract Agreement.
File: F05 /L04
2012-553
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-law No. 2012-115,being a by-law to authorize the execution of an
independent contractor agreement between the Municipality of Bayham and Long
Point Region Conservation Authority for the Bayham ALUS Program, be presented
to Council for enactment."
CARRIED UNANIMOUSLY
(e) Staff Report E2012-12 regarding OSWAP Agreement- Richmond Community Water.
File: L04
The Administrator advised that Ministry approval of the project was backdated to include
eligible costs expended in 2011 under the OSWAP funding.
2012-554
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-law No. 2012-116,being a By-law to authorize execution of an
Agreement with the Minister of Agriculture,Food and Rural Affairs regarding the
Ontario Small Waterworks Assistance Program be presented to Council for
enactment."
CARRIED UNANIMOUSLY
(f) Memorandum C2012-09 regarding "January 2013 Meeting Schedule".
File: A00
2012-555
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the January 2013 Council meetings be held the 10th and 24th at 7:00 p.m."
CARRIED UNANIMOUSLY
(g) Correspondence dated November 2, 2012 from Valerie Donnell regarding "Sam's
Place".
File: L04
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Council Minutes November 15, 2012
2012-556
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the correspondence dated November 2, 2012 from Valerie Donnell be
received;
AND THAT Council supports the request to extend the lease for a further one year
term."
CARRIED UNANIMOUSLY
(h) Staff Memorandum 2012-Memo 18 regarding "Project Ojibwa Dredging".
File: D06
2012-557
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Council approves forwarding the letter as attached to Staff Memorandum
2012-Memo 18 to the Elgin Military Museum."
CARRIED UNANIMOUSLY
(i) Capital Expenses Report for the period ending October 31,2012.
File: F05
2012-558
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Capital Expenses Report for the period ending October 31,2012 be
received for information."
CARRIED UNANIMOUSLY
(l) Staff Report PR2012-12 regarding "Policy- Use of Municipal Buildings".
File: A09
2012-559
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Policy for Use and Fee Waivers for Community Centres as attached to
report PR2012-13 be adopted, and that Bayham Firefighters Association be
permitted use of the firehalls as outlined in the report."
CARRIED UNANIMOUSLY
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Council Minutes November 15, 2012
(k) Request from the Straffordville Community Committee to support an application to
Festivals &Events Ontario Top 100 Festivals &Events contest on behalf of
Watermelon Fest.
File: M02
2012-560
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council of the Municipality of Bayham supports the Straffordville
Community Committee submission to Festivals & Events Ontario Top 100 Festivals
Contest on behalf of the Straffordville Watermelon Fest held August 25,2012."
CARRIED UNANIMOUSLY
(1) Project Ojibwa Report to Bayham Council from The Elgin Military Museum.
File: D06/L04
2012-561
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the Report to Bayham Council from the Elgin Military Museum regarding
Project Ojibwa be received for information."
CARRIED UNANIMOUSLY
10. ENVIRONMENT
(a) Staff Report E2012-13 regarding "Drinking Water Systems Standard of Care".
File: E01
Water/Wastewater Superintendent Roloson advised that ultimately, responsibility for safe
municipal water lies with Council and advised them of the related information workshops
available.
2012-562
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Staff Report E2012-11 regarding Drinking Water Systems Standard of
Care be received for information."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
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Council Minutes November 15, 2012
2012-563
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 9:45 p.m. to discuss:
• the security of the property of the municipality or local board."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held November 1, 2012.
(c) Confidential Report regarding the security of the property of the Municipality or local
Board(Project Ojibwa)
File: L04
(d) Out of Camera.
2012-564
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
10:00 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2012-115 A By-Law to authorize the execution of an agreement (Long
Point Region Conservation Authority)
(b) By-Law 2012-116 A By-Law to authorize the execution of an agreement (Ontario
Small Waterworks Assistance Program Phase Three)
(c) By-Law 2012-117 A By-Law to authorize the signing of a subdivision agreement
(Teichroeb)
2012-565
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Laws 2012-115,2012-116 and 2012-117 be read a first,second and third
time and finally passed."
CARRIED UNANIMOUSLY
(d) By-Law 2012-118 A By-Law to confirm all actions of Council
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Council Minutes November 15, 2012
2012-566
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2012-118 be read a first, second and third time and
fmally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2012-567
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Council meeting be adjourned at 10:05 p.m."
CARRIED UNANIMOUSLY
wel-f
YOR CLE
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