HomeMy WebLinkAboutMarch 24, 2011 - Council COUNCIL MINUTES
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
9344 Plank Road, Straffordville
March 24,2011
7:00 PM
8:00 PM Public Meeting-Drainage
The regular meeting of the Council of the Municipality of Bayham was held on Thursday,March 24,
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,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 March 10, 2011.
2011-118
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT the minutes of the regular meeting held March 10, 2011 be approved as
circulated."
CARRIED UNANIMOUSLY
(b) Minutes of the special meeting of Council held March 14, 2011.
2011-119
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT the minutes of the special meeting of Council held March 14,2011 be
approved as circulated."
CARRIED UNANIMOUSLY
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Council Minutes March 24, 2011
(c) Added Item(s)
2011-120
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT in accordance with Section 21 of Procedural By-law 2002-93,Citizens of
Vienna beautification correspondence be added to the agenda as items 9(i)."
CARRIED UNANIMOUSLY
4. DELEGATIONS
(a) 7:15 p.m. -Valerie Donnell regarding"Concession Stand-East Beach".
File: F18
Ms Donnell proposed that Council consider renewal and extension of her food booth
lease agreement to a five, seven or ten year term. She suggested a longer term as she is
considering investing in a new booth and hoped that it could be left on the east beach
year round.
There was consensus that the agreement be extended for a one year term and that Council
initiate a request for proposals in 2012 for a longer term.
5. INFORMATION ITEMS
(a) Excerpts from EON group of museum curators application for Sand Plains funding
support.
File: A01
(b) Invitation from Warden Dave Mennill and the Elgin County Council to attend the Elgin
County Library's 75th Anniversary.
File: A16
(c) Correspondence from Thames Valley District School Board regarding "2009 -2010
Director of Education's Annual Report".
File: A16
(d) Correspondence dated March 9,2011 from Minister of Economic Development and
Trade regarding "Project Ojibwa".
File: A 16
(e) Correspondence dated March 7, 2011 from Minister Responsible for Seniors regarding
"2011 Senior of the Year Award".
File: A16
(f) Copy of correspondence dated March 15,2011 from the County of Elgin to the Town
of Aylmer regarding "funding of property assessment appeals".
File: C10
(g) Museums Bayham minutes of meeting held March 9,2011.
File: C06
(h) Lake Erie Region Source Protection Committee minutes of meeting held February 3,
2011.
File: E00
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Council Minutes March 24, 2011
(i) Correspondence dated March 2011 from Ministry of Citizenship and Immigration
regarding "Newcomer Champion Awards".
File: M02
(j) News Release from Southwest Ontario Tourism Corporation regarding "Executive
Director named for Southwest Ontario Tourism Corporation."
File: M06
2011-121
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT information items 5(a) through 5(j) be received for information."
CARRIED UNANIMOUSLY
6. PLANNING.DEVELOPMENT,RECREATION & TOURISM
1. CORRESPONDENCE AND REPORTS
(a) Staff Report D2011-10 regarding "Froese Consent Applications E20 -23/11".
File: D10.11 Froese
It was noted by Mayor Ens that Appendix "A" of the application does not identify a barn
and cattle appearing to be located within 300 metres of the proposed severances and there
should be consideration for the Minimum Distance Separation(MDS)requirement.
Council agreed to defer a decision so that the application could be amended by the
applicant and resubmitted.
2011-122
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"THAT Staff Report D2011-10 regarding the Froese Consent Applications be
deferred."
CARRIED UNANIMOUSLY
2. PUBLIC MEETING
2011-123
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned in order to hold a Public Meeting
pursuant to the provisions of the Planning Act."
CARRIED UNANIMOUSLY
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Council Minutes March 24,2011
PUBLIC MEETING
7:30 p.m. -Rezoning Application-to change the zoning on a 1.9 acre of land from the
Agriculture(Al) Zone to the Rural Residential(RR)Zone to match the zoning of the
lands to which it will merge submitted by Csinos Farms Ltd.
DECLARATION OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF
None.
STAFF PRESENTATION
Staff Report D2011-09 regarding"Csinos Farms Ltd. Rezoning"
File: D14.Csinos
The Planning Co-ordinator presented her report,noting that no written comments or
objections had been received. She added that the applicant Mr. John Csinos was in
attendance to respond to any questions.
PUBLIC COMMENTS
There were no public comments.
COUNCIL COMMENTS AND QUESTIONS
Deputy Mayor Taylor questioned whether the rezoning application affected mapping.
Ms. Underhill responded that rezoning changes the zoning on a specified area in the zoning
by-law. The consent creates a defined parcel identified by a survey that affects mapping.
ADJOURNMENT
2011-124
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT the Public Meeting be adjourned at 7:35 p.m."
CARRIED UNANIMOUSLY
DISPOSITION OF ITEM
2011-125
Moved by Councillor W Casier
Seconded by Councillor E Ketchabaw
"THAT Staff Report D2011-09 regarding the Csinos rezoning be received;
AND THAT the zoning of the lands subject to Consent Application E58/10 be
changed from Agricultural(Al)to Rural Residential (RR);
AND THAT Zoning By-law Z587-2011 be presented for enactment."
CARRIED
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Council Minutes March 24, 2011
7. ROADS,AGRICULTURE &DRAINAGE
(a) Staff Report DR2011-004 regarding "Bartley Municipal Drain Revised Schedule D".
File: E09
2011-126
Moved by Councillor W Casier
Seconded by Deputy Mayor M Taylor
"THAT Staff Report DR2011-004 be received;
AND THAT By-Law#2011-025,being a By-Law to provide a revised Schedule"D"
for the Bartley Municipal Drain Engineers Report No. 209138 from Spriet
Associates be presented to Council for enactment."
CARRIED UNANIMOUSLY
8. PROPERTY,BUILDING& PROTECTIVE SERVICES
9. FINANCE,ADMINISTRATION& PERSONNEL
(a) Cheque Register being Cheque#10125 to Cheque#10195 inclusive, except Cheque
#10171 totaling$137,309.79 and Payroll Disbursements for the period ending March
6, 2011 totaling$59,735.34.
It was questioned whether there was any way to reduce cell phone costs. The
Administrator responded that the current contract will expire this year and staff are
investigating options.
2011-127
Moved by Deputy Mayor M Taylor
Seconded by Councillor W Casier
"THAT Cheque Register being Cheque#10125 to Cheque#10195 inclusive, except
Cheques#10171 totaling$137,309.79 and Payroll Disbursements for the period
ending March 6,2011 totaling$59,735.34 be approved."
CARRIED UNANIMOUSLY
(b) Correspondence dated March 1,2011 from County of Elgin regarding "Invitation to
County of Elgin Warden's Charity Golf Tournament".
File: A 16
2011-128
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT correspondence from County of Elgin regarding Invitation to County of
Elgin Warden's Charity Golf Tournament and Sponsorship Request be deferred to
budget discussions."
CARRIED UNANIMOUSLY
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Council Minutes March 24, 2011
(c) Correspondence dated February 25,2011 from Ministry of Agriculture, Food and Rural
Affairs regarding "Appointment of Area and Municipal Weed Inspectors 2011".
File: A16
2011-129
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT Jeff Lawrence of the Kettle Creek Conservation Authority be appointed as
Municipal Weed Inspector on behalf of the Municipality of Bayham."
CARRIED UNANIMOUSLY
(d) Correspondence dated March 11, 2011 from Historical Committee regarding "St.
Luke's Anglican Church Vienna 150th Anniversary of the building of the church".
File: C13
It was noted that the group no longer needed picnic tables as they plan to use the Vienna
Community Centre.
Councillor Casier added that a rental fee waiver would be appreciated.
2011-130
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT correspondence from the Historical Committee regarding St.Luke's
Anglican Church Vienna 150th Anniversary of the building of the church be
received;
AND THAT the rental fees for the Vienna Community Centre be waived for the
event,subject to availability and payment of required cleaning fees."
CARRIED UNANIMOUSLY
(e) Correspondence dated March 15,2011 from CAA South Central Ontario and Ontario
Good Roads Association regarding "CAA South Central Ontario and OGRA proposal
to have H.S.T. gas tax revenue dedicated to transportation infrastructure and
maintenance".
File: A01
2011-131
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
WHEREAS the introduction of the Harmonized Sales Tax(H.S.T.)on July 1, 2010,
and its application to gasoline and diesel sales will result in new revenue for the
Government of Ontario;
WHEREAS based on 2010 average price levels of gasoline and diesel, and 2009
average consumption levels in Ontario,the Government of Ontario's projected new
revenue will be approximately$1.53 billion annually;
Page 6 of 10
Council Minutes March 24,2011
WHEREAS the Provincial-Municipal Fiscal and Service Delivery Review identified
a transportation infrastructure investment gap between the Government of Ontario
and Ontario's municipalities of approximately$3.8 billion;
AND WHEREAS a lack of sufficient funding for essential transportation
infrastructure construction, maintenance and rehabilitation has created a situation
where many of Ontario's municipalities do not have the financial capacity to
construct new transportation infrastructure and conduct the maintenance and
rehabilitation needed to sustain existing transportation infrastructure;
THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Bayham requests that the Government of Ontario consider directing a portion of
the revenue derived from HST charged on gasoline and diesel sales to new
predictable funding mechanism that will allow Ontario's municipalities to make the
critical investments needed to be effective stewards of transportation
infrastructure;
AND FURTHER THAT a copy of this resolution be forwarded to Premier Dalton
McGuinty,Hon.Dwight Duncan,Minister of Finance, Hon. Kathleen Wynne,
Minister of Transportation,Hon.Bob Chiarelli,Minister of Infrastructure, Steve
Peters,M.P.P.,the Ontario Good Roads Association and to CAA South Central
Ontario."
CARRIED UNANIMOUSLY
(fl Staff Report PR2011-03 regarding "Request to Install Power Line Across Municipal
Properties". (deferred from previous meeting)
File: L04
The Administrator noted that the Town of Tillsonburg requested the inclusion that the
agreement can be terminated on demand of the Licensor and that the Licensee agrees to
remove the installation within sixty days of notice.
2011-132
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT Staff Report PR2011-03 regarding Request to Install Power Line Across
Municipal Properties be received;
AND THAT By-Law 2011-024, being a by-law to authorize the Execution of a
Licence Agreement with 1498975 Ontario Inc.for the Installation of Electrical
Works be presented to Council for enactment."
CARRIED UNANIMOUSLY
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Council Minutes March 24,2011
(g) Staff Report PR2011-04 regarding"East Pier Repairs Report".
File: L14
Administrator Kruger noted that approximately$60,000 has been set in reserves for this
project. Recommendations from by the Harbourfront Committee are to consider concrete
surface vs asphalt,and if phasing is selected, complete the full works by sections starting
at the south end. It was also highlighted that phasing the works adds approximately 20%
to the cost if completed over a period of two to three years.In response to questions, it
was noted that concrete has a life expectancy in excess of 25 years and asphalt 10 to 15
years.
2011-133
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT Staff Report PR2011-04 regarding East Pier Repairs Report be received;
AND THAT Report PR2011-04 be referred to 2011 budget discussions."
CARRIED UNANIMOUSLY
(h) Staff Report F2011-05 regarding"Tax Sale".
File: F22-11
The Treasurer advised that if a Notice of Vesting is not registered within two years of the
tax sale,being in this case before June 17th 2011,the Tax Arrears Certificate will be
deemed cancelled.
When questioned on the outstanding amount, it was noted that this had been an
outstanding issue for a number of years and in addition to arrears and collection fees
there were by-law enforcement issues that added to the cost.
A breakdown of the outstanding amount was requested.Council questioned which option
would result in bringing the building closer to removal. Options,environmental,health
and safety issues were discussed.
2011-134
Moved by Councillor E Ketchabaw
Seconded by Councillor W Casier
"THAT Staff Report F2011-05 regarding Tax Sale be received and be deferred
pending legal advice."
CARRIED UNANIMOUSLY
(i) Correspondence dated March 24,2011 from The Vienna Citizens Group regarding
"Vienna Beautification".
File: C13
Correspondence received by Councillor Southwick on March 24,2001 from The Vienna
Citizens Group regarding cleanup and beautification of the Otter Creek banks was
referred to budget discussions.
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Council Minutes March 24,2011
10. ENVIRONMENT
11. COMMITTEE OF THE WHOLE
(a) In Camera.
2011-135
Moved by Councillor E Ketchabaw
Seconded by Councillor T Southwick
"THAT the Council do now rise to enter into an "In Camera" Session of
Committee of the Whole at 8:45 p.m.to discuss:
• a proposed or pending acquisition or disposition of land by the municipality or
local board;
• advice that is subject to solicitor-client privilege,including communications
necessary for that purpose."
CARRIED UNANIMOUSLY
(b) Closed session minutes of the regular meeting of Council held March 10, 2011.
(c) Confidential Report regarding advice that is subject to solicitor-client privilege,
including communications necessary for that purpose. (Ojibwa Lease Negotiations)
(d) Confidential Report regarding a proposed or pending acquisition or disposition of land
by the municipality or local board. (Harbour Facilities)
(e) Out of Camera.
2011-136
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT the Committee of the Whole do now rise from the"In Camera" session at
9:55 p.m."
CARRIED UNANIMOUSLY
2011-137
Moved by Councillor T Southwick
Seconded by Councillor E Ketchabaw
"THAT staff be authorized and directed to provide a proposal to Small Craft
Harbours for harour divesture as outlined in Closed Session."
CARRIED UNANIMOUSLY
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Council Minutes March 24,2011
12. BY-LAWS
(a) By-Law 2011-024 A By-Law to authorize the execution of a licence agreement
(1498975 Ontario Inc.)
(b) By-Law 2011-025 A By-Law to further amend By-Law 2010-100(Bartley
Municipal Drain)
(c) By-Law Z587-2011 A By-Law to further amend By-Law Z456-2003 (Csinos Farms
Ltd.)
2011-138
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT By-Laws 2011-024,2011-025 and Z587-2011 be read a first, second and
third time and finally passed."
CARRIED UNANIMOUSLY
(d) By-Law 2011-027 A By-Law to confirm all actions of Council
2011-139
Moved by Councillor W Casier
Seconded by Councillor T Southwick
"That confirming By-Law 2011-027 be read a first,second and third time and
finally passed."
CARRIED UNANIMOUSLY
13. ADJOURNMENT
(a) Adjournment
2011-140
Moved by Councillor T Southwick
Seconded by Councillor W Casier
"THAT the Council meeting be adjourned at 10:04 p.m."
CARRIED UNANIMOUSLY
YOR CLERK
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