HomeMy WebLinkAboutFebruary 17, 2011 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road,Straffordville
February 17,2011
7:00 PM
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,
February 17,2011 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,Public Works Manager Gerry LeMay,
Chief Building Official/Drainage Superintendent Bill Knifton,and Treasurer Denis Duguay
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 February 3,2011.
2011-069
Moved by Councilor E Ketchabaw
Seconded by Councillor W Casier
"THAT the minutes of the regular meeting held February 3,2011 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the special meeting of Council held February 8,2011.
2011-070
Moved by Deputy Mayor M Taylor
Seconded by Councillor E Ketchabaw
"THAT the minutes of the special meeting of Council held February 8,2011 be
approved as circulated."
CARRIED UNANIMOUSLY
Page 1 of 12
Council Minutes February 17,2011
(c) Added Item(s)
There were no items added to the agenda.
4. DELEGATIONS
(a) 7:00 p.m. - Steve Evans,Manager of Planning, County of Elgin and Nick McDonald of
Meridian Planning Consultants regarding "County Official Plan".
Mr. Steve Evans introduced himself and provided a brief overview of the planning process,
committees and appointees to provide input for the proposed Elgin County Official Plan. The
process includes Stage 1 —research and issues report, Stage 2—Policy Formulation and Stage 3 -
Policy refinement and consideration by Council.Once the OP is approved(proposed for 2012)
the County will become the approval authority for local Official Plans, subdivision and
condominium plans. This authority will be delegated by the Province of Ontario.
Nick McDonald noted that his company has planning experience across the province. The
County OP is intended to support lower tier planning objectives,resolve disputes and provide
clarity to planning endeavours. He added that economic development is a high priority in Elgin,
however, growth and development must be consistent with the Provincial Policy Statements
developed in 2005.
Ways to enhance agriculture through value added products,processing and development of other
related opportunities were discussed. Development of lakeshore properties may provide new
opportunities.
A handout regarding the Official Planning process was provided. Progress of the new official
plan will be posted on the County website and public input and comments are welcome.
(b) 7:45 p.m. -Rob Thompson regarding "Water Infrastructure Fees".
Rob Thompson was in attendance regarding the proposed allocation of costs for the water capital
infrastructure project recently completed in Port Burwell and Vienna. He supported an equal levy
charge per connection as outlined in Option#2 of Report F2011-03, agenda item 9(b), rather
than the recommended per household cost as detailed in Option#1.
(c) 8:15 p.m. -Mr. Russell Blais regarding"Ferry Service"
A detailed document prepared by Mr. Blais regarding a potential ferry service to the Port
Burwell Harbour was provided to Council prior to his delegation. Unfortunately members had
little time to review it in detail. Council members asked questions to which Mr. Blais responded.
He suggested the project would need to incorporate various vehicular and passenger options to
be viable. Discussion covered tourism potential,the Ojibwa submarine, dredging, infrastructure,
financing, government support, legal aspects,business plan, harbour divestiture,road access,
customs and security.
Page 2 of 12
Council Minutes February 17,2011
5. INFORMATION ITEMS
(a) Correspondence dated January 27,2011 from Elgin St. Thomas United Way regarding
"2010 Community Social Report for St. Thomas and Elgin County".
File: A01
(b) Correspondence received February 7,2011 from Ombudsman Ontario regarding "Open
Municipal Meetings in Ontario".
File: A01
(c) Invitation to attend the Long Point Region Conservation Authority's Annual General
Meeting.
File: A16
(d) Bayham Hictorical Society minutes of meeting held January 13,2011.
File: C06
(e) Lake Erie Region Source Protection Committee approved minutes of meeting held
January 13,2011.
File: C06
(f) Correspondence dated January 25,2011 from Town of Aylmer regarding "Elgin
Military Museum-Support for Project Ojibwa".
File: C10/D06
(g) Correspondence dated February 7,2011 from Township of Malahide regarding
"Ojibwa Project".
File: C l0/D06
(h) Copy of correspondence dated January 31,2011 from County of Elgin to Joe Preston,
MP regarding"Project Ojibwa".
File: C 10/D06
(1) Correspondence dated January 27,2011 from Township of Uxbridge regarding
"Lottery Licence Requirements-Local Penny Sales".
File: C10/P09
(i) Correspondence dated February 1,2011 from County of Lennox&Addington
regarding "Lottery Licence Requirements -Local Penny Sales".
File: C l0/P09
(k) Correspondence from Elgin Area Primary Water Supply System regarding "Elgin Area
Water Supply System Pipeline Twinning and HELP Clean Water".
File: E08
(1) News Release dated February 8,2011 from Elgin County OPP regarding"Stay
Safe....Stay Inside Your Ride".
File: P17
Page 3 of 12
Council Minutes February 17,2011
(m) Correspondence from County of Elgin regarding "Library Reports".
File: R02
(n) Correspondence received February 10, 2011 from Pitch-In Canada regarding
"2011Operation Clean Sweep Campaign".
File: A01
2011-071
Moved by Councilor E Ketchabaw
Seconded by Deputy Mayor M Taylor
"THAT information items 5(a)through 5(n)be received for information."
CARRIED UNANIMOUSLY
6. PLANNING,DEVELOPMENT,RECREATION &TOURISM
(a) Staff Report D2011-04 regarding"Penner Consent E8/11.
File: D10.11 Penner
2011-072
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2011-04 regarding the Penner consent be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
consent application E8/11, submitted by Willy Penner and Isaak Penner, be granted
subject to conditions:
1. minor variance for reduced lot depth
2. copy of the final survey be provided to the municipality
3. $500 cash-in-lieu of parkland dedication fee
Deputy Mayor Taylor noted his opposition to decisions made based on assessment
mapping not necessarily being correct.
CARRIED
(b) Staff Report D2011-05 regarding Friesen Consent E5/11.
File: D10.11 Friesen
Concerns were raised that the barn is proposed to remain with the severed parcel, reduced
frontage, lot line establishment,uncertain location of the septic and field bed and the lack of a
water source on the severed parcel. It was suggested that the application be reviewed, amended
and reconsidered.
Ms. Underhill advised that Mr. Friesen and his son were present.
Page 4 of 12
Council Minutes February 17, 2011
2011-073
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Staff Report D2011-05 regarding the Friesen consent be deferred."
CARRIED UNANIMOUSLY
(c) Staff Report D2011-06 regarding Graydon Consent E12/11.
File: D10.11 Graydon
Due to the delay in Ministry approval of the Bayham Official Plan review Council was desirous
that this application move forward and were supportive of the application subject to the
following conditions:
1. Conceptual Plan of Subdivision for lands in Lot 21, subject to municipal approval
2. Development Agreement with the municipality for Bayham Drive construction
upgrades
3. Stormwater Management Plan for the entire lands in Lot 21, subject to municipal
approval
4. $500 cash in lieu parkland dedication fee
5. copy of the final survey be provided to the municipality
6. rezoning, and
7. road access permit for the severed parcel
2011-074
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Staff Report D2011-06 regarding the Graydon consent be received;
AND THAT Council recommend to the Elgin County Land Division Committee that
consent application E12/11,submitted by Brian and Betty Lou Graydon be granted
subject to the conditions outlined in option#2 of report D2011-06."
Although Deputy Mayor Taylor was supportive, he noted his opposition to decisions
made based on assessment mapping not necessarily being correct
CARRIED
7. ROADS.AGRICULTURE& DRAINAGE
(a) Staff Report PW2011-04 regarding "Clarke Bridge Update".
File: T06
2011-075
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
Page 5of12
Council Minutes February 17,2011
"THAT Staff Report PW2011-04 regarding Clarke Bridge Update be received for
information."
CARRIED UNANIMOUSLY
(b) Staff Report DR2011-002 regarding"Richmond Outlet Drain Revised Schedule D".
File: E09
2011-076
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report DR2011-002 regarding Richmond Outlet Drain Revised
Schedule D be received;
AND THAT By-Law#2011-020,being a By-Law to provide a revised Schedule"D"
for the Richmond Outlet Drain Engineers Report No.205207 from Spriet Associates
be presented to Council for enactment."
CARRIED UNANIMOUSLY
(c) Staff Report DR2011-003 regarding "Otters Edge Drain Revised Schedule D".
File: E09
2011-077
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report DR2011-003 regarding Otters Edge Drain Revised Schedule D
be received;
AND THAT By-Law#2011-021,being a By-Law to provide a revised Schedule"D"
for the Otters Edge Drain Engineers Report No.206065 from Spriet Associates be
presented to Council for enactment."
CARRIED UNANIMOUSLY
8. PROPERTY.BUILDING& PROTECTIVE SERVICES
(a) 8:00 p.m. -Staff Report P2011-005 regarding"Building By-Law" (There were no
public comments).
File: P10
2011-078
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report P2011-005 regarding Building By-Law amendment be
received;
Page 6 of 12
Council Minutes February 17,2011
"AND THAT By-law 2011-011 being a By-law to regulate building construction,
demolition,change of use permit,septic systems,sewer connection permits and
inspections be presented to Council for enactment."
CARRIED UNANIMOUSLY
(b) Building Permit Report for month ending January 31,2011.
File: P10
2011-079
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Building Permit Report for month ending January 31,2011 be received for
information."
CARRIED UNANIMOUSLY
(c) Copy of letter dated January 25, 2011 from Elgin Group Police Services Board to
Township of Southwold regarding "Accident Investigations".
File: P17
2011-080
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT copy of letter from Elgin Group Police Services Board regarding Accident
Investigations be received;
AND THAT the Council of the Municipality of Bayham endorses the resolution
#2011-05 of the Township of Southwold passed January 10,2011 regarding accident
scene investigation by authorized municipal staff."
CARRIED UNANIMOUSLY
9. FINANCE,ADMINISTRATION&PERSONNEL
(a) Cheque Register being Cheque#9937 to Cheque#10017 inclusive, except Cheque
#9902 totaling$253,063.04 and Payroll Disbursements for the period ending February
6, 2011 totaling$58,630.00.
2011-081
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Cheque Register being Cheque#9937 to Cheque#10017 inclusive,except
Cheque#9902 totaling$253,063.04 and Payroll Disbursements for the period ending
February 6, 2011,totaling$58,630.00 be approved."
CARRIED UNANIMOUSLY
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Council Minutes February 17, 2011
(b) Staff Report F2011-03 regarding "Water Infrastructure Project".
File: F05.09
2011-082
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report F2011-03 regarding Water Infrastructure Project be received;
THAT Council direct staff to prepare the necessary by-law to implement Option #1
in Report F2011-03,and including additional collection for serviced vacant lands at
the time of development;
THAT Council direct staff to make the necessary arrangements for the deadline on
payment arrangements at June 30,2011,with the option of a 10 year payment term;
AND THAT Council direct staff to prepare the necessary by-laws to arrange long
term financing as outlined.
DEFEATED
2011-083
Moved by Deputy Mayor M Taylor
Seconded by Councillor T Southwick
"THAT Staff Report F2011-03 regarding Water Infrastructure Project be received;
THAT Council direct staff to prepare the necessary by-law to implement Option#2
in Report F2011-03,and including additional collection for serviced vacant lands at
the time of development;
THAT Council direct staff to make the necessary arrangements for the deadline on
payment arrangements at June 30, 2011,with the option of a 10 year payment term;
AND THAT Council direct staff to prepare the necessary by-laws to arrange long
term financing as outlined.
CARRIED
(c) Staff Report F2011-04 regarding "Public Works Credit Card".
File: F04
2011-084
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Staff Report F2011-04 regarding Public Works Credit Card be received;
AND THAT Public Works Manager receive a credit card on the behalf of the
municipality with a limit of$2,000.00 to eliminate small invoices."
CARRIED
Page 8 of 12
Council Minutes February 17, 2011
(d) Staff Report C2011-03 regarding"Civil Marriage Officiant Services Renewal".
File: L12
2011-085
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT Staff Report C2011-03 regarding Civil Marriage Officiant Services
Renewal be received;
THAT 2011-008, being a by-law to authorize renewal of an agreement with Marion
F. Rogers for the provision of marriage officiant services, be presented to Council
for enactment;
AND THAT By-law 2011-009, being a by-law to authorize the renewal of an
agreement with Jack C. Wharram Jr. for the provision of marriage officiant
services be presented to Council for enactment."
CARRIED UNANIMOUSLY
(e) Staff Memorandum regarding "Boundaries Act- Surveyor".
File: S09
2011-086
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT Staff Memorandum regarding Boundaries Act- Surveyor be received;
AND THAT Council supports the proposal for the Boundaries Act Survey of the
Easterly Boundary as submitted by Archibald Gray& McKay Ltd."
CARRIED
MOTION TO EXTEND LENGTH OF MEETING
2011-087
Moved by Councillor T Southwick
Seconded by Deputy Mayor M Taylor
"THAT in accordance with Section 12 of Procedural By-Law 2002-93,Council shall
deal with business until 11 p.m. at its meeting of Februray 17,2011."
CARRIED UNANIMOUSLY
Page 9 of 12
Council Minutes February 17, 2011
10. ENVIRONMENT
(a) Staff Report E2011-02 regarding "Waste Management Services".
File: E07
2011-088
Moved by Councilor W Casier
Seconded by Deputy Mayor M Taylor
"THAT Staff Report E2011-02 regarding Waste Management Services be received;
AND THAT Council authorize the extension of contracts with Norfolk Disposal
Services Limited,for the provision of weekly Waste Disposal, Collection of
Residential and Commercial waste,bulk collection bins, and for the provision of
weekly collection and disposal of recyclables, as outlined in Report E2011-02, for a
period to expire no later than April 30,2012."
CARRIED UNANIMOUSLY
(b) Correspondence dated February 11,2011 from Richmond Community Water Inc.
regarding "Ownership of Richmond Community Water Inc.".
File: C13 /E08
2011-089
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT correspondence from Richmond Community Water Inc. be received."
CARRIED UNANIMOUSLY
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2011-090
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT the Council do now rise to enter into an "In Camera" Session of Committee
of the Whole at 10:50 p.m. to discuss:
• a proposed or pending acquisition or disposition of land by the municipality or
local board."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held February 3, 2011.
(c) Confidential Report regarding a proposed or pending acquisition or disposition of land
by the municipality or local board(Medical Services Building).
Page 10 of 12
Council Minutes February 17,2011
(d) Confidential Report(verbal)regarding a proposed or pending acquisition or disposition
of land by the municipality or local board. (Harbour Facililties).
(e) Out of Camera.
2011-091
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Committee of the Whole do now rise from the "In Camera" session at
11:15 p.m."
CARRIED UNANIMOUSLY
12. BY-LAWS
(a) By-Law 2011-008 A By-Law to authorize the renewal of an employment agreement
(Rogers)
(b) By-Law 2011-009 A By-Law to authorize the renewal of an employment agreement
(Wharram)
(c) By-Law 2011-011 A By-Law to regulate building construction,demolition,change
of use permits, septic systems, sewer connection permits and inspections
(d) By-Law 2011-020 A By-Law to further amend By-Law 2008-023 (Richmond Outlet
Drain)
(e) By-Law 2011-021 A By-Law to amend By-Law 2008-084 (Otter's Edge Municipal
Drain)
2011-092
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT By-Laws 2011-008,2011-009,2011-011,2011-020 and 2011-021 be read a
first, second and third time and finally passed."
CARRIED UNANIMOUSLY
(0 By-Law 2011-022 A By-Law to confirm all actions of Council
2011-093
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT confirming By-Law 2011-022 be read a first, second and third time and
finally passed."
CARRIED UNANIMOUSLY
Page 11 of 12
Council Minutes February 17,2011
13. ADJOURNMENT
(a) Adjournment
2011-094
Moved by Councilor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 11:16 p.m."
CARRIED UNANIMOUSLY
YOR CLERK
Page 12 of 12